Claim Response, Rans, Jesse
BAR R Y A. L I N D A H L, E a.
CORPORATION COUN EL, CITY OF DUBUQUE
....
MEMO
/--\
To:
Mayor Roy D. Buol and
Members of the City Council
DATE:
January 25, 2006
RE:
Claim against the City of Dubuque by Jesse Rans
Claimant
Date of Claim
Date of Loss
Nature of Claim
Jesse Rans
01/10/06
01/08/06
Property Damage
This is a claim in which the claimant alleges that the front door of his rental property
located at 2076 Chaney Road was damaged after Police used forced entry in order to gain
entrance.
According to the report of Kim Wadding, Chief of Police, the Dubuque Drug Task Force
and the Dubuque Police Tactical Team executed a search warrant at the residence of
2076 Chaney Road. Due to the possibility of weapons present, the Dubuque Tactical
Team was activated. Officers knocked and announced their presence and purpose.
Upon receiving no response, the officers forced open the door.
Once inside, officers arrested one individual for a Class D Felony and another individual
for a Serious Misdemeanor. A photograph of the damaged door was taken by a
Dubuque County Sheriff's deputy.
In the execution of a search warrant, Iowa Code S 808.60 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 reviewing the actions of the responding officers and the execution of the search warrant,
the officers made a reasonable attempt by knocking and verbalizing their presence at the
door requesting entry. Only when those attempts failed did the officers resort to force to
enter the residence.
It is therefore the recommendation of Kim Wadding to deny this claim, as the subjects had
time to voluntarily open the door to speak with the officers. The Legal Department concurs
with this recommendation.
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113/ FAX (563) 583-1040 / EMAIL balesq@cityofdubuqueorg
SAUls
cc: Michael C. Van Milligen, City Manager
Jeanne Schneider, City Clerk
Kim Wadding, Chief of Police
Jesse Rans
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113/ FAX (563) 583-1040/ EMAIL balesq@cityofdubuque.org