Stop and friskPetsSexual harassment/abuseStolen propertyThreats/intimidationExcessive forceIllegal search/seizureGunPepper sprayDrug chargesWeapons charges
Plaintiff:
Rene Gutierrez
Incident date:
08/22/2004
Location:
5132 S. Kolin Ave.
Allegations:
Gutierrez was sitting in his car outside his home at 51st and Kolin early one morning, planning to visit his mother-in-law, when Officers Finnigan, Pratscher, Dahlberg and Hurley drove their police car the wrong way down Kolin and blocked in Gutierrez's car. Drawing their guns, the officers got out and confronted Gutierrez, cursing at him and demanding that he get out. The officers handcuffed and searched Gutierrez and his car, without a warrant or consent. The officers didn't find any evidence of a crime, but took Gutierrez's keys, pepper-sprayed his dogs and went to enter Gutierrez's home. By this time, Negrete had been awakened by the noise and came to the door. The officers demanded to come inside, but when Negrete asked if they had a search warrant, they threw her onto the sofa and handcuffed her. Police searched both apartments in the building and found narcotics, then told Negrete she would be in trouble if she didn't tell them “where to find the money.” They also threatened to take her children and told her she could “sign papers” and avoid being arrested. Negrete told them where to find money, but refused to sign any papers without an explanation or a lawyer. The officers then cursed at her and told her she'd be going to jail. Police took $50,000 in cash and jewelry worth $45,000 from the home. Gutierrez spent about 10 days in jail before posting bond on narcotics and gun charges. Negrete spent two days in jail before posting bond on narcotics charges. All the charges were later dismissed.