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