CALDWELL, ID–“No knock” raids, despite being completely unconstitutional, have led to police and civilian deaths in the past, and they are increasing in regularity. Now this complete disregard of the 4th amendment has left the Johnson family in Idaho traumatized, but now they’re finally getting their day in court.
The Johnson family’s ordeal began in February of last year, when police were called in response to a complaint against their neighbor Bill Gerst.
According to the lawsuit filed by the Johnson’s, “The information used to justify the no-warrant raid on Mr. Gerst’s apartment was shaky and legally suspect.” A known “petty criminal” named Hilda Valle “had reported to police that she had argued Mr. Gerst and that he had threatened her with violence.” In the police department’s filed response, they claim their fears that the neighbor was armed justified their failure to knock or identify themselves.
In police audio provided to KTVB they blatantly admit that they don’t know what the apartment number is. Instead of waiting for confirmation, the SWAT-style team of officers stormed into the wrong apartment with guns drawn.
David and Connie Johnson and their son were sleeping when they awoke to two armored strangers beating their door down. One of them pointed a rifle to David’s head as more armed and unidentified people began forcing their way into the apartment. The police dog can be heard snarling at the family as officers scream, “Show us your hands! Show me your hands! Out with your hands out! This dog will bite you! Come out! First person, hands up. Walk out.”
All three were dragged from their home, while concerned neighbors came to see what the still unidentified officers were doing. The neighbors were ordered to go back to their rooms, and a full two minutes passed before police apprehended the man they had initially been searching for. Bill Gerst was forced to crawl to the police on his belly so he could be placed in handcuffs.
Gerst can be heard on the tape repeatedly asking the officers who they are and why they’re arresting him. He insists to the officers that there’s no one else in his apartment. “What’s going on?” he asks, and one officer replied, “You shut your mouth!”
When it became clear that there was no evidence of any criminal activity, the police told the Johnsons that they were dealing with a “homicide in progress.” They claim that the “presence of guns at the premises” justified such an intense assault. Even if this excessive use of force was “justifiable”, the Caldwell PD had a description of Gerst, a young black man. David Johnson is middle-aged and white, so it should have been clear to the officers from one glance that they were wrongfully arresting him.
In a pathetic attempt at self-absolution, the City of Caldwell is denying that the raid on Johnsons’ home caused “damages” to their property, or violated their 4th amendment rights. Hiding behind their veil of “qualified immunity,” they continue to claim that they’re “policies and procedures” were properly executed, in theory, and therefore they are devoid of any guilt.
Should there be a competent jury, the Johnson’s stand a good chance in court. Former Idaho Attorney General David Leroy weighed in on the case to KTVB, and stated police usually need a warrant from a judge and permission from the owner in order to enter a home. Caldwell PD’s justification that someone’s life was in danger is also a permissible reason for police to search a home.
“Typically if you’ve got somebody screaming, ‘please don’t murder me’, that would fall in the imminent danger category. Anything less than that becomes a weaker case,” Leroy said. Yet the Nampa police, who initially fielded the complaint, had no definitive proof that someone was about to be killed when they sent Caldwell PD to do a “welfare check.”
A year later, the marks from police boots are still imprinted on the Johnsons’ door, and the terror from the event is still imprinted in their minds.
“Not acceptable,” an emotional David Johnson told the Boise NBC affiliate. “Being put in handcuffs. Kicking our door in. What’s that all about. No. Not acceptable. Not acceptable.”
The family is asking for money to repair their property, for humiliation and emotional distress, and for both police departments involved in their case to update and review policies and procedures.
[about_faith]
7 comments