08-C-0760 Betker v. City of Milwaukee E.D.Wis., Adelman, J.

Civil Rights
False warrants

Where a police officer made false statements to a commissioner to obtain a no-knock warrant, he is not entitled to summary judgment on a homeowner’s claim that his Fourth Amendment rights were violated.

“Plaintiff presents sufficient evidence to enable a reasonable jury to conclude that Gomez intentionally or recklessly made false or misleading representations to the court commissioner without which the affidavit would not have supported a probable cause determination. Gomez’s first arguably false statement was his assertion that ‘A known citizen witness, who wishes to remain anonymous, stated that within the last 5 days, the informant has observed [Sharon] Betker in possession or control of at least one handgun, at the above-described address.’ (Gomez Aff. ¶4). A reasonable jury could conclude that this statement was false and that Gomez made it intentionally or recklessly because Capol states that she told Gomez that she had not observed Betker with a handgun within the previous five days and, in fact, had not been in Betker’s home for years. In his deposition, Gomez acknowledged not knowing how Capol ‘knew’ that Betker had a handgun in her home.”

08-C-0760 Betker v. City of Milwaukee  E.D.Wis., Adelman, J.