Facts

In December 2002, plaintiff Aristeo Jacobo, who was driving a truck, was stopped by police officers for defendant city of Escondido. At the time, plaintiff was leaving his home to go to work. His children were inside the truck. The police officers conducted a felony, high-risk stop on the truck, with two officers displaying SWAT-type rifles. Plaintiff was instructed to lie down in the street. He was then handcuffed and placed on the curb. The officers told the children to wait in their driveway.

Plaintiff's wife Maria exited the home holding a baby. The police officers told Maria that they had received an anonymous tip that a man named Aristeo would be driving a truck matching plaintiff's to transport a dead body from Escondido to Rancho Santa Fe. The tipster informed police that there would be marijuana in the truck and the driver would be carrying weapon. The license plate of another vehicle, a van, was also provided by the tipster. The police were told that the van would also contain drugs and the driver would be also be armed. Following an investigation, the police learned that both vehicles were registered to the Jacobos and that plaintiff had a post office box in Rancho Santa Fe. Further, the van did travel the route mentioned by the tipster. Shortly before plaintiff's truck was stopped, the van was stopped and searched, but no weapons or drugs were found.

The officers did not find a dead body inside plaintiff's truck. They asked Maria if they could conduct a search of the family's home. Maria consented, and the officers did a brief walk-through of the house. One of the officers then drove the children to school, as the incident caused them to be running late. Aristeo voluntarily went with detectives to the police station where he consented to an interview. He authorized the search of out-buildings located at the estate where he worked in Rancho Santa Fe. The police did not find anything during the search of the buildings, and the tip was subsequently deemed to be false.

PLAINTIFF'S CONTENTIONS:
Plaintiff and his family members claimed that there was insufficient legal justification for the stop on plaintiff's truck. Further, they alleged that Maria did not consent to the search of the house and that the officers used excessive force, particularly when the weapons were pointed at Maria, the baby and the children. In addition, the officers forcefully pulled plaintiff out of his truck and threw him against the ground.

DEFENDANT'S CONTENTIONS:
Defendants had reasonable suspicion to conduct the stop and used only reasonable force. They did not point their weapons at the children or Maria. Further, Maria did consent to the search.

Damages

Plaintiff and his family sought $105,000 for emotional distress and future therapy.

Injuries

Plaintiff and his family members claimed they suffered from post-traumatic stress disorder as a result of the officers' misconduct.

Result

The judgment was for defendant.

Deliberation

three hours

Poll

12-0

Length

six days