Get Active Subscribe Support Us

JUDGE DISMISSES WRONGFUL SEARCH WARRANT LAWSUIT

JACKSON - A lawsuit that claimed two former Northampton County Sheriff's Office drug agents used an improper search warrant during a 1999 drug bust was dismissed last month in Hertford County.

The two officers named in the suit - Norman Smith and Mike Boone - said the suit's dismissal clears their names and reputation in the county.

"I feel a two-pronged victory," said Smith, now a special investigator for a major insurance company in Fayetteville.  "One is a victory against the criminal element.  It lets them know we're not going to throw money at a winnable lawsuit just to make it go away.  My attorney assured me he had a great deal of certainty it was going to be thrown out."

Also, Smith said the Dec.  12, 2001, dismissal of the lawsuit by Judicial District 6B Superior Court Judge Cy A.  Grant Jr.  should help to silence those critical of the way the officers wrote the search warrant.  "We had a lot of critics that were not as familiar with search warrant procedures.  They were giving opinions on something they're not trained very well in.  Education and experience can bring you through things like this.  One of my instructors was willing to testify I was doing what I was trained to do."

The lawsuit, filed in Northampton County Civil Court in December of 2000, raised the question of what powers officers have with a search warrant that grants them the right to enter a residence not actually named in the search warrant.

The officers entered the residence of Sharon R.  Turner based on a search warrant that granted them the authority to search Turner's mother's home in Pendleton, or any place where she may have been in proximity to her mother's home.

The lawsuit claimed Smith and Boone violated the rights of Turner and her daughters, Stephanie and Samantha, when they "unlawfully and falsely entered into the residence ...  without consent and without a search warrant or valid arrest warrant" on Dec.  24, 1999.

The suit said Smith and Boone and a third unknown police officer used physical force to gain entry into the residence at 419 Wood Court, Conway, causing the daughters to hide and cower in their bedrooms on the second floor of the apartment.

"You are commanded to search the premises, vehicle, person and other place or item described in the application for the property and person in question," the magistrate who signed the warrant, wrote.

Smith explained in the warrant Turner's brother alleged he had seen a large amount of crack cocaine in his sister's bedroom.  "Also during the last 24 hours, I've had contact with the original confidential informant who provided information that led to Ms.  Turner's first arrest," Smith wrote.  "This individual described Ms.  Turner as being loaded with drugs for the holidays and she should be in possession of drugs in any location in which she is found."

Because there was the possibility Turner could have drugs on her at any time, Smith requested a search warrant that would allow him to search her "at her mother's home or any other place she is found in close proximity."

Boone, now a full-time officer with the Garysburg Police Department and part-time officer with the Gaston Police Department, said he was caught in the middle of personal grudges other officers had against Smith.  "I knew we were right all along.  I was surprised to know officers that have been in law enforcement longer than myself had a problem with understanding the search warrant to the point they would encourage the Turners to press criminal and civil charges.

"I also know that with the officers that encouraged Miss Turner, there was a lot of personal conflicts between them and Smith.  I just got caught up in the flow, but as you can see, I'm back and maybe now people will understand you don't have to do anything wrong to be sued.  A lot of times when something like this happens and people don't quite understand it, they automatically think you have done something wrong, but when it comes to law enforcement and search and seizure procedures, you either know or you don't know and now I guess we see who knows."