Claim Response Baumhover, DBARRY A. LINDAHL, Es~.
CORPORATION COUNSEL', CitY OF DUBUQUE
MEMO
To:
Mayor Terrance M. Duggan and
Members of the City Council
DATE:
January 29,2003
RE:
Claim Against the City By Damian D. Baumhover
Claimant
Date of Claim
Date of Loss
Nature of Claim
Damian Baumhover 01/24/03
01/16/03
Property Damage
This is a claim in which claimant states that the door and lock of his rental property,
located at 1590 University Avenue, were damaged when police used fomed entry in an
attempt to apprehend a suspect who had an outstanding warrant.
According to the report of Kim Wadding, Chief of Police, officers observed
an outstanding warrant enter the residence at 1590 University Avenue.
numerous attempts to make contact with the suspect by knocking on
telephoning the suspect, and after these attempts failed, a seamh warrant
a suspect with
Officers made
the door and
was executed.
As officers were attempting to force the front door open, the suspect appeared and
allowed entrance by the officers into the residence, but only after damage occurred to the
door, doorframe and lock. The suspect said he did not hear the officers in their numerous
attempts of knocking and calling on the telephone.
Chief Wadding states that having to use force to enter a residence is only done as a last
resort. In the execution of a search warrant, Iowa law allows officers to break into any
structure or vehicle where reasonably necessary to execute the warrant if, after notice of
this authority and purpose the officer's admittance has not been immediately authorized.
In this case, every reasonable attempt to avoid this method was taken. It is therefore the
recommendation of Chief Wadding to deny this claim for the amount of $520.21. The
Legal Department concurs with this recommendation.
BAL/tls
CC:
Michael Van Milligen, City Manager
Jeanne Schneider, City Clerk
Kim Wadding, Chief of Police
Damian Baumhover
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ(~MWCI.NET
Jan.29. 2003 10:54AM BARRY A LINDAHL, ESQ N0.9797 P. 3/4
DATE:
Januaw 24,2004
TO:
FROM:
Barry Lindahl
Legal Department
Kim B. Wadding.~
Police ChiC '~
RE;
Claim against the City of Dubuque by Damian D. Baumhover - Police
Report #02-42677
INTRODUCTION
Regarding the claim for damages, I have attached the narratives of the incident report
including a supplemental memorandum from Lieutenant Tom Parker outlining the
circumstances surroundihg the entry into 1590 University on September 13, 2002.
BACKGROUND
On September 13, 2002 Officer Melissa Welp observed Lawrence Day 1590 University
driving a motor vehicle on University Avenue. Officer Welp confirmed through a driver's
license status check that Lawrence Day's ddving privilege has been revoked.
Additionally, Officer Welp learned Lawrence Day had an outstanding warrant for
probation violation out of Johnson County with a bond of $1,000.
As Officer Welp followed the vehicle, it turned into the driveway of 1590 University and
parked. Lawrence Day left the vehicle and entered the residence. Once the
information was confirmed, officers repeatedly knocked at the door and affempted to
make contact by telephone, When these efforts failed, the officers secured the outer
perimeter and contacted the Dubuque County Attorney's Office to secure a ~seamh
warrant for Lawrence Day. The search Warrant was approved. Before executing the
search warrant officers continued their efforts to make contact by numerous attempts of
knocking at the door continuing to identify themselves as police officers.
When their attempts went unanswered, the search warrant was executed. As officers
were attempting to force the front door open, Lawrence Day appeared and allowed
entrance by the o~cers into the residence. Lawrence Day said he did not hear the
officers in their numerous attempts of knocking and calling on the telephone. Once
inside Lawrence Day was taken into custody without incident.
Jan.29. 2003 10:54AM BARRY A LINDAHL, ESQ No.9797 P, 4/4
DISCUSSION
In reviewing the actions of the responding officers, the officers made every reasonable
attempt by knocking and calling the residence by telephone. Only when those attempts
failed, the officers secured the area and obtained a search warrant to enter. Although
the officers did damage to the front door, doorframe, and lock, it was done in execution
of the search warrant,
Although having to use force to enter the residence is oniy done as a last resort, the
officers made every reasonable attempt to avoid this method, In the execution of a
search warrant, the Iowa Code does allow officers to break into any structure or vehicle
where reasonably necessary to execute the warrant if, after notice of this authority and
purpose the officer's admittance has not been immediately authorized, As was done in
this case, officers followed the correct parameters and made every reasonable attempt
to avoid a force entry but unfortunately were teff no other reasonable option.
RECOMMENDA~ON
Although damage did occur, it occurred only after all other attempts were exhausted
leaving only the alternative to execute a search warrant requiring the use of limited
force. For this (eason, I recommend denial of the claim in the amount of $520,21 to Mr.
Damian Baumhover as the responding officers acted reasonably and appropriately.