The went to 204 Luna Drive when they were supposed to be at 204 Luna Street.

Only On KFOX: Wrong House Searched?


POSTED: 4:00 p.m. MDT May 24, 2005
UPDATED: 9:27 p.m. MDT May 24, 2005


Story by kfoxtv.com

May 24, 2005 --

Janice Carpio, KFOX News at Nine

"They pushed me, and they just threw me down and dragged me all the way outside and then they cuffed me."

It became a frightening scene along Luna Drive in Sunland Park, NM. A Chopper, K-9's and armed police surrounded this home in hopes of finding a suspect they call El Tigre. But they didn't find who they were looking for. Homeowner Guillermo Renteria says maybe it's because they made a big mistake. "I heard a big knock like that warrant search warrant, sheriffs department, and that's it, then they threw me down on the ground dragged me out and they cuffed me outside."

The homeowners exclusively talk to KFOX. They say it was after detectives had already scoured the home that the address mishap was discovered. 204 Luna Street and not Luna Drive is what's stated on the affidavit. But it was too late to reverse the mess on the home on Luna Drive. Piles of clothing, mattresses and even memories were all turned upside down. For Carolina Renteria its going to be a long couple of days, "it hurts me, this is going to be a lot of work for me I don't know how I am going to clean up." Guillermo Renteria says, "They just gave me the paperwork and then they left and they said the house is going to be a little messy."

But it was far from a "little mess" and now the Renteria Family not only feels violated but have been left behind with hours worth of cleaning-up. They want an explanation as to why their home was searched if it wasn't the one targeted on the affidavit. "It's an injustice, because I am against drugs, and before they should've done this, they should have researched more, taken more pictures of the home." The family is also claiming missing items. They say jewelry and money boxes once full are now empty. New Mexico Attorney William McGlashan says the family could possibly file a civil suit for monetary damages but those cases usually side with law enforcement. Meanwhile the Carolina Renteria says the damage goes beyond what you see.

"My integrity, the mess can be cleaned up, but my integrity. The only thing I am asking of the authorities is that they are more careful when doing something like this."

Dona Ana Sheriff's Department did contact us just once to confirm that they did the search, but as for our other questions, they were left unanswered. Meanwhile Attorney McGlashan states that a situation like this is called Good Faith Acception in the courts and that is why some who fall victim to this situation do not win suits.

It was not a "no-knock"

If cops have a warrant to search your house, does that mean they also have the right to assault you?  

Quoted: If cops have a warrant to search your house, does that mean they also have the right to assault you?

That's a fair question.  I'm curious to know the answer.

Meanwhile Attorney McGlashan states that a situation like this is called Good Faith Acception in the courts and that is why some who fall victim to this situation do not win suits.

Which is why these mistakes will continue to occur.

I was talking search warrants with a friend who is a deputy.  He said the policy of his department is that the officer who did the investigation has to be present during the execution of the warrant to ensure they don't get the wrong house.

Wow! Again?
Do cops learn how to read addresses in their training?
How many is this just in the last 2 months?

Quoted: I was talking search warrants with a friend who is a deputy.  He said the policy of his department is that the officer who did the investigation has to be present during the execution of the warrant to ensure they don't get the wrong house.

That's the way we did it.

Sad deal and the occupants shold be compensated for the damages. The city should have sent a crew in to help them.

Quoted: Quoted: I was talking search warrants with a friend who is a deputy.  He said the policy of his department is that the officer who did the investigation has to be present during the execution of the warrant to ensure they don't get the wrong house. That's the way we did it. Sad deal and the occupants shold be compensated for the damages. The city should have sent a crew in to help them.

Agreed.

Quoted: Quoted: I was talking search warrants with a friend who is a deputy.  He said the policy of his department is that the officer who did the investigation has to be present during the execution of the warrant to ensure they don't get the wrong house. That's the way we did it. Sad deal and the occupants shold be compensated for the damages. The city should have sent a crew in to help them.

Agreed.

Poor planning and execution.  "Shit Happens"   However, they are responsible.  Period.

I did it one, once, a long time ago.   I was so embarrassed and mentally kicked myself for weeks afterwards.   I never let it happen again.   By the way, my city paid out on the claim in 1 week.  I also personally replaced the door.   I lost count in 2000, but I know from my stats in the late 1990's, that I had somewhere around 1164 search warrants served.  

Quoted: I was talking search warrants with a friend who is a deputy.  He said the policy of his department is that the officer who did the investigation has to be present during the execution of the warrant to ensure they don't get the wrong house.

Search warrant should include a description of the house too.  "Single story beige stucco home with brown trim and single front door facing east."

Of course city planners should rethink their policy of having streets, lanes, & drives with the same names.

Quoted: Quoted: I was talking search warrants with a friend who is a deputy.  He said the policy of his department is that the officer who did the investigation has to be present during the execution of the warrant to ensure they don't get the wrong house. Search warrant should include a description of the house too.  "Single story beige stucco home with brown trim and single front door facing east." Of course city planners should rethink their policy of having streets, lanes, & drives with the same names.

Yep.

At one end of my street is a sign that says "Hopper Drive", and at the other end is a sign that says "Hopper Lane."

Since I'm at the first corner, I live on Hopper Drive.

I don't believe that people have the right to resist an unlawful arrest. If I'm wrong someone will correct me.

Quoted: Quoted: Quoted: I was talking search warrants with a friend who is a deputy.  He said the policy of his department is that the officer who did the investigation has to be present during the execution of the warrant to ensure they don't get the wrong house. That's the way we did it. Sad deal and the occupants shold be compensated for the damages. The city should have sent a crew in to help them. Agreed.

+1

So if they have a no-knock warrant...they just kick the door in, right?

But if it's NOT a no-knock warrant...they knock on the door and yell apprx. 0.5 seconds before they kick the door in...do I understand this correctly?

Quoted: Of course city planners should rethink their policy of having streets, lanes, & drives with the same names.

I would imagine this is a rather difficult thing to make happen in a reasonably large city like El Paso (were this went down).

Hell, my Thomas's Guide for San Diego has more than just a few Luna Drives, just in differant zip codes.

Quoted: If cops have a warrant to search your house, does that mean they also have the right to assault you?

Warrants can be served with "all neccesary force".

Meanwhile Attorney McGlashan states that a situation like this is called Good Faith Acception in the courts and that is why some who fall victim to this situation do not win suits.



What? What is an "acception"? Do they mean exception?

I really don't understand why the officers that apply for the warrant aren't present when the warrant is served. Since a warrant has to have a description of the palce to be searched, you would think the officer applying for the warrant would be familiar with the place to be searched.

There is no excuse for that, and I don't think "good faith exception" covers the inability to tell the difference bteween a street and a drive.......................

"The city should have sent a crew in to help them."

Why? So more of their property can be stolen by some city employees or temps during the cleanup?  I would not let them in the house.