Facts

In April 1999, Bakersfield Police Sergeant Orbin Love received a clue sheet indicating plaintiff Kenton McDaniel was selling cocaine from his apartment on California Street, across from Bakersfield High School. Love conducted surveillance of the residence and observed vandals spray-painting private property. Love called for reinforcements and Officers Glen Davis and Scott Thatcher arrived to arrest them. At that point, Love told the other officers about his investigation.

On April 6th, Officers Glen Davis and Scott Thatcher responded to a peace disturbance at McDaniel's apartment. They knocked on the door, identified themselves, and watched as plaintiff Arlene Sanders, with abrasions on her face, answered the door. Thatcher pushed the door open. Once in the apartment, Davis and Thatcher saw McDaniel stuffing an item in between the couch cushions. They ordered McDaniel to show his hands, he obliged, and they attempted to detain him, an act that Sanders tried to interfere with. She began yelling and telling the officers to leave the house. The officers swept the apartment and saw clear plastic bags in plain view in a closet. The officers requested a K-9 unit to do a narcotics search. This yielded cocaine, currency, and other drug paraphernalia.

McDaniel admitted to selling cocaine. Sanders pleaded guilty to possession of cocaine.

PLAINTIFF'S CONTENTIONS:
McDaniels and Sanders argued the officers violated their Fourth Amendment rights against unreasonable search and seizures when the officers entered McDaniels' apartment. Also, the officers were negligent in their handling of the investigation.

DEFENDANT'S CONTENTIONS:
Davis and Thatcher argued that they had reason to conduct a protective sweep of the apartment because the apartment was so small - 546 square feet.

Result

A verdict was returned for the defense.

Other Information

FILING DATE: April 8, 2004.