There was a second Saint Paul story from several years ago reported in both local newspapers just this week that I hadn't heard about before. (This was the first one.) This second story got coverage because there was a jury verdict just a few days ago, awarding damages based on police misconduct.
This case, from 2019, sounds complicated but the essentials are not:
- Several Saint Paul police had a probable cause pickup order — but not an arrest warrant or a search warrant — for David Elgersma on a nonviolent crime.
- Elgersma lived in an apartment.
- His building manager got the maintenance worker to pretend there was a water leak so Elgersma would open his door.
- When he did, the police came inside, arrested him, and searched his apartment.
To add insult to injury, it turned out the crime Elgersma was accused of had actually been perpetrated by the person who accused him. (Theft/embezzlement from a housing co-op/homeowners association.)
The recent news stories about this case appeared because Elgersma sued the City of Saint Paul in federal court for compensatory and punitive damages, based on the violation of his civil rights under the 4th Amendment, and was awarded a total of $29,500 by the jurors.
The three cops had earlier tried to argue their actions were exempt under qualified immunity, but the judge found that was not reasonable.
As the Pioneer Press story makes clear, the cops stipulated to the facts in the case — they knew they should have had a warrant, and they didn't even announce that they were police when they went in the apartment. They were acting with what they thought was impunity.
This is a good verdict, but not a good use of my Saint Paul tax dollars. I want cops who understand the rules and follow them.
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Star Tribune: Man awarded $29K over illegal search and arrest by St. Paul cops
Pioneer Press: Jury awards $30K to man after St. Paul officers entered his apartment without warrant, arrested him
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