Tufts v. Sheriff of [undisclosed] County and [undisclosed] Deputy Sheriffs

Stuart M. Address

Case Conclusion Date: September 30, 2011

Practice Area: Civil Rights

Outcome: Settlement prior to even filing suit.

Description: Sheriff's deputies entered Mr. & Mrs. Tuft's home at midnight seeking someone else who they believed might be present within the home. The search warrant authorized by the Court had contained a different street number, a different street name, and a different ZIP CODE. The deputies did not even look at the warrant before embarking on their search, did not have the warrant with them when demanding entry, and threatened Mr. Tufts with arrest when he asked to see a warrant. Mr. Tufts had served his country post-war on the DMZ between North & South Korea and post-war in Germany. He had numerous citations and honors for his military service. He was disheartened that the essential constitutional rights against unwarranted police intrusion into one's home which he had fought so diligently to protect for the benefit of others in other nations were so easily ignored when it came to searching his own home in the middle of the night. An internal affairs investigation found the deputies had failed to follow procedure and violated the constitutional rights of the Tufts. With all parties desiring to avoid protracted litigation, Mr. & Mrs. Tufts settled for an undisclosed monetary amount with written apology letters from the Sheriff and the key deputy remaining employed by the Sheriff's Office and with the promise of the Sheriff for the retraining of all deputies on the requirements of the 4th Amendment to the Constitution of the United States.

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