Posted by Orin Kerr:
Does It Violate the Fourth Amendment For Cops to Take Some Time Out and Play
Wii During the Execution of a Warrant?:
http://volokh.com/archives/archive_2009_09_20-2009_09_26.shtml#1253656872
No, it's not from the Onion. [1]Tampa Bay Online reports:
With guns drawn and flashlights cutting through darkened rooms,
Polk County undercover drug investigators stormed the home of
convicted drug dealer Michael Difalco near Lakeland in March.
As investigators searched the home for drugs, some drug task
force members found other ways to occupy their time. Within 20
minutes of entering Difalco's house, some of the investigators
found a Wii video bowling game and began bowling frame after frame.
While some detectives hauled out evidence such as flat screen
televisions and shotguns, others threw strikes, gutter balls and
worked on picking up spares.
A Polk County sheriff's detective cataloging evidence repeatedly
put down her work and picked up a Wii remote to bowl. When she hit
two strikes in a row, she raised her arms above her head, jumping
and kicking.
While a female detective lifted a nearby couch looking for
evidence, another sheriff's detective focused on pin action.
But detectives with the Polk County Sheriff's Office, the
Auburndale, Lakeland and Winter Haven police departments did not
know that a wireless security camera connected to a computer inside
Difalco's home was recording their activity.
Here's a photo of the action:
[14740_polkbowling1.jpg]
Assuming playing Wii didn't lead the police to discover any
evidence, I don't think the defendant can get any of the evidence
suppressed. And it's hard to know what the damages are in a civil
suit, even assuming that there was in fact an unauthorized Wii seizure
(a wee seizure, I suppose!). But c'mon, folks: Wii is for home, not
work, especially when you are conducting a police raid.
Thanks to Gregory McNeal for the link.
References
1.
http://www2.tbo.com/content/2009/sep/21/undercover-drug-investigators-embarrass-polk-sheri/
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