Federal Judge Denies Police Officers’
Attempt to Obtain Immunity
From Suit
After They Entered Chesterfield Home Without A Warrant

On November 9, 1999 a Federal Judge in Richmond, Virginia denied the request by a United States Assistant Attorney and Chesterfield County Attorneys to obtain immunity from suit for two police officers who entered a private residence without a warrant.

Attorney Thomas H. Roberts, relied heavily upon the officers’ communication with Chesterfield dispatch, to rebut the officers’ assertions that they were acting out of concern for a resident when they barged into his home without a warrant to serve him with a subpoena to testify before a Federal Grand Jury.

Before entering the home without a warrant, Russell stated to Chesterfield’s Dispatch "He is here and he won’t open the door and I need to serve the subpoena and the U.S. Attorney’s Office said to do whatever you can to serve it. To do whatever you have to do."

Federal Judge Spencer agreed with Roberts, and ruled "Service of a subpoena would never give an officer a basis for a warrantless entry into somebody’s home."

Civil Rights attorney Thomas H. Roberts, stated "It is the clearly established law that the zone of privacy is nowhere more clearly defined than within the unambiguous physical dimensions of an individual’s home, which is at the very core of the Fourth Amendment provisions to be free from unreasonable government intrusion." Attorney Roberts who is also spokesman for Freedom Works Foundation, stated "A warrantless entry into a person’s home is presumptively unconstitutional and illegal."

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Contact:

Thomas H. Roberts, Esq.
Thomas H. Roberts & Associates, P.C.
105 S. 1st Street
Richmond, Virginia 23219
(804) 783-2000
(804) 783-2105

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