CITY COUNCIL AGENDA ITEM
Meeting Date: June 22, 2004
Subject/Title: Reject claim presented by Dadra Mitchell
Prepare by: Karen Diaz, City Clerk/Director of Administrative Services
Submitted by: Karen Diaz, City Clerk/Director of Administrative Services
Reject the claim of Dadra Mitchell presented on March 15, 2004 as
recommended by the City’s third-party adjuster, Contra Costa County
Municipal Risk Management Insurance Authority, and the City Attorney.
Claimant, Dadra Mitchell, presented a claim in the amount of $801.00 for
reimbursement of replacing 4 dual pane windows, one-inch vertical mini
blinds and fixing a damaged broken storage room door. On October 27, 2003,
Brentwood police searched her premises, pursuant to a valid search warrant.
Police were searching for a suspected murderer at the premises. It was
reasonable to expect that the suspect was armed and dangerous. Thus, the
actions of the police officers in breaking out the windows to view the
inside was considered reasonable and necessary.
Penal Code section 1531 does provide as follows:
OFFICER MAY BREAK OPEN DOOR, ETC. TO EXECUTE WARRANT. The officer may break
open any outer or inner door or window of a house, or any part of a house,
or anything therein, to execute the warrant, if, after notice of his
authority and purpose, he is refused admittance. (Enacted 1872)
No fiscal impact at this time.