When narcotics officers appeared at a Castro home shortly after 7 a.m. on Jan. 11, they had permission from a judge to search for “proceeds” from an illegal marijuana grow. The SFPD and DEA found no piles of marijuana money at 243 Diamond St., one of six addresses raided simultaneously in San Francisco that morning. Instead, they found Clark Freshman, who rents the penthouse at the two-unit building. Freshman, a UC Hastings law professor and the main consultant to the television show Lie to Me, was put into handcuffs while in his bathrobe as agents searched, despite Freshman’s insistence that they had the wrong place and were breaking the law. “I told them to call the judge and get their warrant updated,” he says. “They just laughed at me — I guess that’s why they’re called pigs.”
A furious Freshman has pledged to sue the DEA and the SFPD for unlawful search and seizure of his home. SFPD offered no comment other than reiterating they had a warrant from Judge Richard Kramer to search 243 Diamond. But Peter Keane, dean emeritus of Golden Gate University’s School of Law, says there appears to be a problem. “There’s been cases like this in the past where police have a warrant to search [a single residence], then they get there and it’s a multi-unit building and they search the whole building. In those cases, people have sued and collected substantial settlements. I think whomever is representing the government better get out his checkbook.”
“I’ve been on the fence for years about the legalization of drugs … and now I’m a victim of this crazy war on drugs,” says Freshman, who pledged to sue until “I see [the agents'] houses sold at auction and their kids’ college tuitions taken away from them. There will not be a better litigated case this century.”
#38–mickleby==thats a lot of questions, but I just ate and a few quiet minutes will aid digestion. I will bullet short answers. If you want more rephrase and I’ll be more expansive.
bobbo
Perhaps you answer this elsewhere, but I have to ask again: Why does it serve me to harass the cops and leave the “drug war” in place? /// Because you/we/us/I don’t want the cops using “obvious to anyone who can read” defective search warrants to invade our homes and castles.
Not to put words in your mouth, but are you assuming that the problem is the “bad apples” not what I termed a “no-win” situation these cops are in? /// Cops violated the law. They had a search warrant FOR A SINGLE RESIDENCE and when they arrived on scene they found a duplex. Rather than go back and get a valid search warrant==they just busted into both places. Do you value the privacy of your home or don’t you?
I only know this Freshmen, I don’t know these cops, I wasn’t there at the scene. My inclination is to believe the cops are doing their best with a very bad circumstance. /// No, they didn’t. And while IANATCD, I doubt you “know” Freshman well enough to predict how he would exactly act AS a lawyer, AS a homeowner when having his Inalienable Rights violated by cops who know they are wrong but continue on anyway.
I’ve met Freshmen so my inclination is to believe he did everything he could to provoke these cops and to make their jobs harder. /// Their job was to leave the premises. don’t over personalize your right to privacy.
IANAL but am I wrong that the suit will cost the taxpayers /// Thats what I assume and only very rarely the cops personally.
or do you believe that all expenses will be recovered by some “court cost” fees? /// Nope.
I agree with you bobbo that suing is in order or at least I can support action. I do not see that the officers involved are the responsible parties. Just like in the Zimbardo Study, the problem is the situation not the individuals. // But here it is and the cops are presumed to know the law and the difference between a single family residence and a duplex. Its the difference between one and two?
We need to reform the police state if we want change. Drumming officers out of service will actually lead to less well qualified candidates…/// or just the opposite.
I think I made all this clear before, but I would be happy to elaborate and provide various references upon request. /// I have my own Magic Eight Ball. Dropped it last week in shock that it was wrong once. Should be repaired any day now.
Finally, I notice you repeat your view about deviants and progress. I am sure you are correct. BTW, one of my favorite plays is the Ibsen “An Enemy of the People”; it expresses a very similar view that I also hold. /// Why so resistant to its message/reflection then? Waiting for the revolver?
I would like to know how you understand that suing these police officers will help. /// 1. No other possible solutions are available.
2. It builds a written record. One -2-3-4 suits may make no difference but maybe 12-29-46 will. Choose your own time frame.
3. Doing something rather than nothing is always the better choice.
Why is it the cops’ job to leave the premises? So they discover a duplex. They should be able to search the portion that they intended on their original warrant and have that stand up in court on a good faith exemption to the exclusionary rule of the 4th Amendment.
#2 – sad!
Go get them law professor. And get their monies. Good for you!
Destroy the drug cartels and scum drug dealers by legalizing drugs.
Then the criminal element in the United States and Mexico will have no $$$.
#41 – bobbo
“words have a meaning and a context”
I could respond “physician, heal thyself”. I leave this exchange with you saddened. At least I’ve learned you already know everything and don’t feel the need to be troubled with facts. That’s something–well, something about as useful as the actions threatened by Freshmen.
mickleby–what facts? I will guess now I’m like Freshman too–a total asshole in your view because I didn’t agree with you?
Silly.
He sounds bitter. LOL!
He will sue until no Harkonnen breathes Arakeen air.
Funny how these problems could be resolved with a simple phone call, a county assessor real estate lookup or a Google Earth search.
The problem with cops is that they always think they know everything, and they have this arrogance about them “How dare you defy me!” attitude.
After reading this and looking at the facts,Clark Freshman has a valid point/argument! More than likely he’ll get what his entitled to as well! Those who object, put you or your family in the same situation!!!! I bet you wont be like “its ok officer, i understand, it was a mistake, no problem ill fix the door with my own money”!!! I wish i was a juror there in SF cause id damn sure vote for his argument any day of the week!! Fucking dumb LEO’s show up and the wrong place, INVALID warrant and doesn’t check there “shit” before they search and seize, SHOULD NOT BE A LEO!!! I say that cause i have seen it happen, my friend lost his dad to the exact same situation, his family sued-won and the 4 officers involved WERE CONVICTED in court of manslaughter….