Facts: Petitioner Leo Brutsche filed suit against the respondent city of Kent in the Superior Court for King County after police damaged the doors to several buildings on Brutsche’s property while executing a search warrant, asserting that the damage to his property in the course of a search that yielded no evidence constituted trespass and a compensable taking under Article I §16 of the Washington State Constitution and the 5th Amendment to the United States Constitution insofar as the officers acted unreasonably under the circumstances given that he had cooperated with the search and offered to open with his keys the buildings that were ultimately forced open using battering rams. The trial court granted summary judgment for the city of Kent, ruling that the officers had acted reasonably and in accordance with standard procedures. Upon appeal, the Washington Court of Appeals affirmed the trial court’s decision. Brutsche appealed this decision to the Supreme Court of Washington.
Question(s): Did the officers searching Brutsche’s property commit trespass by engaging in unreasonable conduct in exercising their privilege to be on Brutsche’s property?
Does the damage to Brutsche’s property constitute a compensable taking?
Conclusion: Justice Madsen’s opinion for the Court affirmed the Washington Court of Appeals, holding that, given the risks to officer safety inherent to searches for the manufacture of methamphetamines, the officers’ conduct of the search was reasonable under the circumstances and did not constitute trespass. The Court also concluded that property damage occurring during the execution of a search warrant does not constitute a taking.
Docket No. 79252-6 (from Court of Appeals Division I Case No. 56620-2)
Petitioner: Leo Brutsche
(Counsel: John Rolfing Muenster and Jerald A. Klein)
Respondent: City of Kent
(Counsel: Chloethiel Woodard Deweese and Richard B. Jolley)
Argument: Thursday, January 17, 2008 9:00am
[Source: TVW, http://tvw.org]
Audio: Washington Supreme Court
Decided: Thursday, October 2nd, 2008
Prevailing Party: City of Kent (Respondent)
Vote: 5-4
Citation: Pending
Court: Alexander4 Court (2008-2009)
Alexander
Johnson
Madsen
(Majority)
Sanders
(Dissent)
Chambers
(Dissent)
Owens
Fairhurst
Johnson
Stephens
Note: We post only slip opinion(s) as published at the time of the decision. Please consult Washington Reports printed volumes for the opinion(s) in their final form. Each opinion should appear next to the Justice who authored it.