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CITY COUNCIL AGENDA ITEM NO. 2

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

RECOMMENDATION
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.

PREVIOUS ACTION
None.

BACKGROUND
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)

FISCAL IMPACT
No fiscal impact at this time.
 

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov