CITY LIKELY TO PAY $40,000 IN ERRONEOUS RAID AT HOME

OAKLAND -- The City Council next week is expected to approve a $40,000
settlement to a woman who alleges her East 23rd Street home was raided in
error by police.

A council report prepared by City Attorney John Russo says if the matter
went to trial, it would likely be proved an Oakland police SWAT team
violated Roscelyn Garner's Fourth Amendment right against unreasonable
search and seizure when officers raided the wrong apartment in August 1999.

Garner said she was nude and stepping into the shower when she heard
banging and shouting at her front door, according to the report. Peering
through a window, she saw armed Oakland police officers she believed were
preparing to force their way into her home.

Garner said she refused to open the door at police's orders because she was
unclothed. Officers reportedly continued to shout at her through the door
and she ran around the room in a panic, nude and visible to the police. The
episode terrified her three young children, Garner said.

At least two officers entered the home, according to the report, and then
left when they realized they had the wrong apartment.

Information the team used for a search warrant apparently came from an
informant, who inaccurately described the location of the property to be
searched. Nevertheless, the warrant allowed for a search of apartment D at
the building; Garner lived in unit C.

The council in closed session gave preliminary approval to the settlement
on Dec. 12. Council members are expected to give final approval to the deal
at the council's regular meeting Tuesday.