Claim Response Grutz, Jerry
BAR R Y A. L I N 0 A H L, ESQ.
CORPORATION COUNSEL, CITY OF DUBUQUE
MEMO
To:
Mayor Roy D. Suol and
Members of the City Council
DATE:
February 2, 2006
RE:
Claim against the City of Dubuque by Jerry Grutz
Claimant
Date of Claim
Date of Loss
Nature of Claim
Jerry Grutz
01/24/06
Summer 2005
Property Damage
This is a claim in which the claimant alleges that the doors of his rental property were
damaged after Police used forced entry to gain entrance at 2534% Windsor Avenue.
According to the report of Kim Wadding, Chief of Police, the Dubuque Drug Task Force
executed a search warrant at the residence owned by Jerry Grutz located at 2534%
Windsor Avenue. Prior to the execution of the warrant, the landlord was contacted by
Officer Haupert, asking for a key to the residence. When Officer Haupert found that Mr.
Grutz did not have immediate possession of a key, Officer Haupert told Mr. Grutz that he
would attempt to secure a key another way and if unsuccessful would re-contact him in
five minutes. When it was determined no other key was available, Officer Haupert
attempted to re-contact Mr. Grutz receiving only Mr. Grutz's voicemail.
Having exhausted attempts to locate an entry key, the decision was made to proceed to
the residence to execute the warrant. Sgt. Bob Lynn of the Dubuque Drug Task Force
knocked and announced the presence of the Drug Task Force to execute the search
warrant. When no one from the residence responded, the officers attempted to force the
front door to gain entry. Because the officers were unsuccessful, they proceeded to the
rear of the residence and went to the outside stairs to the third floor where they found a
common exterior door unlocked. The officers proceeded to the rear apartment door of
2534 % Windsor Avenue finding it locked. The officer once again knocked and announced
their presence. When no response was received, the apartment door was entered
causing damage to the door. The officers found no one home.
Iowa Code Chapter 808.6 allows officers to break into any structure or vehicle where
reasonably necessary to execute a search warrant if, after notice of this authority and
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purpose, the officers' admittance has not been immediately authorized. Officers contacted
Mr. Grutz for an entry key, who appeared reluctant but willing to retrieve a key. Officer
Haupert told Mr. Grutz that he would attempt to find another means to access a key, and if
unsuccessful, would re-contact him. However, Officer Haupert's attempt to re-contact Mr.
Grutz was unsuccessful, at which time the officers resorted to force entry into the
residence.
Because the attempt to re-contact Mr. Grutz was unsuccessful after he reluctantly agreed
to provide an entry key if all other means to a key were exhausted, it is the
recommendation of Kim Wadding to forward this claim to the Control Board of the
Dubuque Drug Task Force. The Legal Department concurs with this recommendation.
BAUls
cc: Michael C. Van Milligen, City Manager
Jeanne Schneider, City Clerk
Kim Wadding, Chief of Police
Jerry Grutz