Sheriff's Office pays $100,000 to settle suit in bar searches

Doglips · 12-19-2002, 06:16 AM

Big woops Florida Style.

Sheriff's Office pays $100,000 to settle suit in bar searches

By Anthony Colarossi | Sentinel Staff Writer
Posted December 19, 2002

Nearly five years ago, a pair of elite units from the Orange County Sheriff's Office burst into a crowded sports bar with guns drawn and searched the bar's patrons and employees as a part of a crackdown on a Central Florida organized-crime ring.

There were a few problems with the raid.

Officers soon learned that no one in the bar had anything to do with their criminal investigation or even posed a threat to law enforcement. Furthermore, they found out their searches were unconstitutional.

The Sheriff's Office paid $100,000 for those mistakes, settling a lawsuit filed earlier this year by 13 people who complained they had been unlawfully detained and searched at the O'Rena Sports Bar on Westwood Boulevard.

Howard Marks, the attorney representing those people, received the $100,000 check Wednesday.

The searches violated a 19-year-old decision by the U.S. Supreme Court that says law officers can't conduct widespread searches of patrons in public places without strong evidence they are involved in criminal activity, Marks said.

As a result, the Sheriff's Office has changed its procedures for executing search warrants in public places, vowing such wholesale searches won't occur again.

"This was a very unusual situation, and, quite honestly, one I think will never repeat itself," said Dan Ford, the Sheriff's Office director of human resources who helped reach the settlement.

"Our people aren't going to be searching people in a bar just because they're in a bar they [officers] are searching," said Ford, who has spoken to Sheriff's Office managers about the change and intends to meet with them again in January to discuss the court ruling.

The case was settled through mediation Dec. 4. Marks said each of his clients will get about $5,000 or $6,000.

Deputies, including two units of the sheriff's Emergency Response Team, raided the bar while it was packed with patrons Feb. 27, 1998. Armed with a search warrant, they were looking for suspected stolen property connected to a European organized-crime ring operating in Central Florida.

They ended up patting down and searching dozens of patrons who had nothing to do with their investigation, according to the suit.

The bar itself had changed ownership a few weeks before the raid, so no one and nothing inside had any relationship to the criminal investigation, according to court records.

The Sheriff's Office was not aware of the ownership change, sheriff's spokesman Jim Solomons said.

Earlier in the day, Orlando police and the Sheriff's Office were involved in a related raid when one Orlando officer and the suspected patriarch of the crime ring were shot.

"There were a lot of concerns for officer safety," Solomons said.

Marks, the attorney for the patrons and the new bar owners, said the earlier incident should not have caused the officers to violate his clients' constitutional rights.

"This was case law that was out there for 20 years," Marks said. "Every one of these people was an illegal search. Why are they raiding a bar when there are 100 people in it?"

Several people were arrested that night, but all charges were dropped. Marks said one of those arrested questioned the legality of the searches, asking, "What the hell is going on? Is this Russia or something?"

Some of the patrons were patted down and searched three or four times as officers pulled items from patrons' pockets, yanked one woman from a restroom and placed handcuffs on some others, Marks said.

"It was just an egregious and outrageous act," Marks said. "Essentially, the Sheriff's Office conceded they had an unconstitutional policy."

Ford said, "It was nothing intentional. We went in there thinking we were doing the right thing."

In addition to verbal discussions about the Supreme Court ruling, Ford said the sheriff's legal-services team distributed a bulletin in October 2001 explaining the law.

"There'll be more education with our managers after the first of the year," Ford said.

He said deputies now need more than a passing suspicion that patrons in a bar -- or any public place -- might endanger officers before they can pat down, search or detain them.

In a deposition, sheriff's Chief Phillip Pittman, who commanded the Response Team units at the time, said his officers did not have much experience executing search warrants, and Pittman acknowledged he was unaware of the Supreme Court ruling.

"No, I did not have that knowledge," Pittman said. "I thought the law was we were executing a search warrant like a regular resident, wherein you're allowed to pat down for officers' safety."

Anthony Colarossi can be reached at acolarossi@orlandosentinel.com or 407-420-6218.

dhermesc · 12-19-2002, 07:38 AM

"It was nothing intentional, we went there thinking we where doing the right thing". Sounds like something the Nazis wouldhave said on Crystal Night.

12-19-2002, 06:16 AM	#1
Doglips Senior Member Join Date: Mar 2002 Location: Cocoa Florida Posts: 9,090 Trader Rating: (0)	Sheriff's Office pays $100,000 to settle suit in bar searches Big woops Florida Style. Sheriff's Office pays $100,000 to settle suit in bar searches By Anthony Colarossi \| Sentinel Staff Writer Posted December 19, 2002 Nearly five years ago, a pair of elite units from the Orange County Sheriff's Office burst into a crowded sports bar with guns drawn and searched the bar's patrons and employees as a part of a crackdown on a Central Florida organized-crime ring. There were a few problems with the raid. Officers soon learned that no one in the bar had anything to do with their criminal investigation or even posed a threat to law enforcement. Furthermore, they found out their searches were unconstitutional. The Sheriff's Office paid $100,000 for those mistakes, settling a lawsuit filed earlier this year by 13 people who complained they had been unlawfully detained and searched at the O'Rena Sports Bar on Westwood Boulevard. Howard Marks, the attorney representing those people, received the $100,000 check Wednesday. The searches violated a 19-year-old decision by the U.S. Supreme Court that says law officers can't conduct widespread searches of patrons in public places without strong evidence they are involved in criminal activity, Marks said. As a result, the Sheriff's Office has changed its procedures for executing search warrants in public places, vowing such wholesale searches won't occur again. "This was a very unusual situation, and, quite honestly, one I think will never repeat itself," said Dan Ford, the Sheriff's Office director of human resources who helped reach the settlement. "Our people aren't going to be searching people in a bar just because they're in a bar they [officers] are searching," said Ford, who has spoken to Sheriff's Office managers about the change and intends to meet with them again in January to discuss the court ruling. The case was settled through mediation Dec. 4. Marks said each of his clients will get about $5,000 or $6,000. Deputies, including two units of the sheriff's Emergency Response Team, raided the bar while it was packed with patrons Feb. 27, 1998. Armed with a search warrant, they were looking for suspected stolen property connected to a European organized-crime ring operating in Central Florida. They ended up patting down and searching dozens of patrons who had nothing to do with their investigation, according to the suit. The bar itself had changed ownership a few weeks before the raid, so no one and nothing inside had any relationship to the criminal investigation, according to court records. The Sheriff's Office was not aware of the ownership change, sheriff's spokesman Jim Solomons said. Earlier in the day, Orlando police and the Sheriff's Office were involved in a related raid when one Orlando officer and the suspected patriarch of the crime ring were shot. "There were a lot of concerns for officer safety," Solomons said. Marks, the attorney for the patrons and the new bar owners, said the earlier incident should not have caused the officers to violate his clients' constitutional rights. "This was case law that was out there for 20 years," Marks said. "Every one of these people was an illegal search. Why are they raiding a bar when there are 100 people in it?" Several people were arrested that night, but all charges were dropped. Marks said one of those arrested questioned the legality of the searches, asking, "What the hell is going on? Is this Russia or something?" Some of the patrons were patted down and searched three or four times as officers pulled items from patrons' pockets, yanked one woman from a restroom and placed handcuffs on some others, Marks said. "It was just an egregious and outrageous act," Marks said. "Essentially, the Sheriff's Office conceded they had an unconstitutional policy." Ford said, "It was nothing intentional. We went in there thinking we were doing the right thing." In addition to verbal discussions about the Supreme Court ruling, Ford said the sheriff's legal-services team distributed a bulletin in October 2001 explaining the law. "There'll be more education with our managers after the first of the year," Ford said. He said deputies now need more than a passing suspicion that patrons in a bar -- or any public place -- might endanger officers before they can pat down, search or detain them. In a deposition, sheriff's Chief Phillip Pittman, who commanded the Response Team units at the time, said his officers did not have much experience executing search warrants, and Pittman acknowledged he was unaware of the Supreme Court ruling. "No, I did not have that knowledge," Pittman said. "I thought the law was we were executing a search warrant like a regular resident, wherein you're allowed to pat down for officers' safety." Anthony Colarossi can be reached at acolarossi@orlandosentinel.com or 407-420-6218.

12-19-2002, 07:38 AM	#2
dhermesc Senior Member Join Date: Apr 2002 Location: East Central Kansas Posts: 1,763 Trader Rating: (0)	"It was nothing intentional, we went there thinking we where doing the right thing". Sounds like something the Nazis wouldhave said on Crystal Night. __________________ Liberty is for those that claim it.