Milan v. Bolin

Evansville police became aware of Internet threats against police, coming from an IP address at the home of 68-year-old Louise Milan and her 18-year-old daughter. They had an unsecured wifi network. Before they searched, police saw, two doors from the Milan house, Murray, who had been convicted of intimidating a police officer. Two officers thought him the likeliest source of the threats. Some officers thought, mistakenly, that a man named Milan made the threats. Surveillance revealed no man at the Milan house. A search of the Milan house was conducted by an 11-man (all-white) SWAT team in body armor, accompanied by a news team. The team knocked and, without allowing reasonable time for a response, broke open the door and a window, and hurled two “flash bang” grenades. Police rushed into the house, searched, found no evidence of criminal activity, handcuffed the Milans (black women), and led them outside. A day later, police discovered that Murray had used Milan’s network and requested that he come to police headquarters. Murray was arrested without incident and pleaded guilty. The Seventh Circuit affirmed denial of the defendants’ motion for summary judgment in Milans’ suit. The police acted unreasonably and precipitately in flash banging the house without a minimally responsible investigation. The open network expanded the number of possible suspects and one extra day of surveillance, with a brief investigation of Murray and the male Milans, would have reassured police that there was no danger in the Milan house. View "Milan v. Bolin" on Justia Law