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Proper Jury Instructions in False Imprisonment Case Based Upon Detention During the Execution of a Search Warrant Explained

The Second Department set aside the verdict and ordered a new trial on liability and damages because the jury was not properly instructed.  The plaintiff was detained at gunpoint while the police executed a search warrant based upon (apparently wrong) information provided by a confidential informant. The issues which should have been presented to the jury were whether the presumption of probable cause for the search warrant was rebutted and whether the “limited authority” to detain during a search was exceeded:

The Supreme Court erred when it instructed the jury to, in effect, apply the Aguilar-Spinelli test to determine the validity of the search warrant. Under the Aguilar-Spinelli rule, as applied in a criminal prosecution, where probable cause is predicated in whole or in part upon the hearsay statements of an informant, it must be demonstrated that the informant is reliable and had a sufficient basis for his or her knowledge … . By contrast, in a trial on the issue of liability for false imprisonment, there is a presumption of probable cause for the detention which the plaintiff must rebut with evidence that the warrant was procured based upon the false or unsubstantiated statements of a police officer … .* * *

The Supreme Court should have instructed the jury to determine whether the plaintiffs rebutted the presumption of probable cause by establishing that the NYPD presented “false or unsubstantiated statements” to the Criminal Court Judge to procure the issuance of the warrant … . * * *

We further note that police officers executing a search warrant have “limited authority to detain the occupants of the premises while a proper search is conducted” …, and are “privileged to use reasonable force to effectuate the detention of the occupants of the place to be searched” … . Accordingly, if warranted by the evidence presented at the new trial, the Supreme Court should direct the jury to determine, in the context of evaluating whether [plaintiff’s] confinement was privileged, whether the police officers, even if they possessed probable cause to enter the apartment initially, exceeded the scope of their limited authority to detain the occupants of the apartment… . Ali v City of New York, 2014 NY Slip Op 08310, 2nd Dept 11-26-14

 

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