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Claim Response Glasson, Wm & Joyce BAR R Y A. L I N D A H L, E s . CORPORATION COUNSEL, CITY OF DUBUQUE MEMO To: Mayor Terrance M. Duggan and Members of the City Council DATE: October 31, 2005 RE: Claim against the City of Dubuque by William & Joyce Glasson Claimant Date of Claim Date of Loss Nature of Claim William & Joyce Glasson 1 0/17/05 02/22/05 Property Damage This is a claim in which the claimants allege that the front door of their rental property, located at 2647 White Street, was damaged after police used forced entry to apprehend a suspect. According to the report of Kim Wadding, Chief of Police, the Dubuque Police Department assisted the Dubuque County Sheriffs Office with an arrest warrant service for a tenant at 2647 Central Avenue for possession of controlled substance precursor with a bond of $10,000, as well as an outstanding 85 day court mittimus. Upon arrival at the residence, officers knocked on the door and received no answer. While waiting, the officers were informed by a neighbor of the potential of five vicious dogs inside the residence. Because of these risk factors combined with the potential of finding a methamphetamine lab and/or precursors, the outside of the residence was secured and a search warrant was requested, and the Dubuque Police Tactical Team was activated. Upon execution of the search warrant members of the tactical team approached the front door, knocked and announced their presence and purpose. After receiving no response, the officers forced opened the outside screen and interior doors and entered. Once inside, the officers found the tenant, arrested him and transported him to the Dubuque County Jail. Photographs of the damaged doors were taken by a Dubuque County Sheriff's Deputy. According to Iowa Code Chapter 808.6, "The officer may 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." Chief Wadding reports that in reviewing the actions of the responding officers and the execution of the search warrant, the officers made every reasonable attempt by knocking and verbalizing their presence at the door requesting entry, and used forced entry as a last resort. SUITE 330t HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE,IA 52001-6944 TELEPHONE (563) 583-4113/ FAX (563) 583-1040/ EMAIL balesq@cityofdubuque.org Based on the circumstances and having found the tenant inside when entry was gained, it is the recommendation of Chief Wadding to deny this claim as officers followed the correct parameters and made every reasonable attempt to avoid a forced entry. The Legal Department concurs with this recommendation. BAL:tls cc: Michael C. Van Milligen, City Manager Jeanne Schneider, City Clerk Kim Wadding, Chief of Police William & Joyce Glasson SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113/ FAX (563) 583-1040/ EMAIL balesq@cityofdubuque.org