$2 Million Judgment Tossed Out

APPEALS COURT BACKS KC POLICE

An appeals court Monday dismissed a $2 million judgment against Kansas
City police, ruling against a man whom officers shot while serving a
search warrant.

In an 8-4 decision, the 8th U.S. Circuit Court of Appeals in St. Louis
ruled that officers had reasonable grounds not to knock or announce
themselves before storming David C. Doran's south Kansas City home on
Aug. 11, 1998.

Police shot Doran as he responded to the commotion carrying a handgun.
Doran, who recovered and sued the department, testified that he was
shot as he bent down to set his weapon on the floor.

Officers had received a report of a clandestine methamphetamine lab at
Doran's home. They recovered only a small amount of marijuana.

Daniel Haus, associate general counsel for the Police Department,
applauded the decision.

"We've supported the actions of our officers from the outset," Haus
said. "It's our belief they acted appropriately in the execution of
this search warrant. It's gratifying that a majority of the court of
appeals supports our position."

David Smith, Doran's lead attorney at the trial in 2002, said he was
disappointed and planned to appeal.

"We hope that the United States Supreme Court takes a look at this
policy and agrees with us that the rights of the people to be safe and
secure in their homes is paramount," Smith said.

The central issue was whether Kansas City officers were justified in
conducting a "no-knock" search.

Generally, courts have allowed unannounced entries if police can show
a threat of violence or a risk that evidence would be destroyed.

The month before the raid, police had received an anonymous tip that
meth was being manufactured at the house, where guns also were stored,
and that a member of the household had recently been arrested for
possessing a sawed-off shotgun.

Police also searched trash from in front of the house and found
methamphetamine residue in six containers.

Before trial, U.S. District Judge Nanette Laughrey ruled against
Doran's claim that his home had been searched illegally. However, she
withheld judgment as to whether officers had erred by not knocking and
announcing their presence before entering.

Later she ruled that police did not have strong enough evidence of
real danger to justify a "no knock," "dynamic entry" search.

A majority of appeals court judges ruled that evidence from the trash
search was important.

"It was wrong to conclude that the trash search did not corroborate
critical aspects of the anonymous tip," wrote Chief Judge James B.
Loken.

Writing for the four-judge minority, Judge Gerald W. Heaney said
evidence from the trash suggested personal use of methamphetamine,
rather than manufacturing.

"Even if the contents of the trash bag may have suggested that Doran
was selling methamphetamine, there was no evidence whatsoever that
Doran was currently operating an active methamphetamine lab," Heaney
wrote.