In May, 2007, four ACLU clients who live at the Suites, a Longmont public housing complex, endured unconstitutional warrantless searches of their homes. The illegal searches were carried out by Longmont police officers and drug-detecting K-9s, who entered at the invitation of the Longmont Housing Authority.
Officials initially claimed falsely that the tenants consented to the searches. Tenants at the Suites consent to periodic maintenance inspections by the landlord (the Longmont Housing Authority), but that routine consent does not include consent to entry by police officers or K-9s to search for evidence of criminal activity.
The searches were conducted without a warrant and in the absence of any arguable exception to the warrant requirement. None of the ACLU’s clients consented to the search, nor were they provided an opportunity to refuse entry to the police officers and their K-9s.
On behalf of four residents, the ACLU negotiated a $210,000 settlement with the Longmont Police Department that included extensive additional non-monetary provisions. That settlement did not resolve claims against the Longmont Housing Authority. A separate settlement with Longmont Housing Authority was announced in 2019. Both settlements were achieved without a lawsuit having been filed.
ACLU news releases:
- "ACLU and Longmont reach $210k settlement over warrantless searches," ACLU News Release, November 14, 2017
- "ACLU clients resolve public housing warrantless search claims for a total of $380,000," ACLU News Release, May 10, 2019
Media:
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“Longmont Housing Authority invited police to search low-income apartments without warrants,” 9 News, June 6, 2017
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“Drug searches at Longmont Housing Authority complex raise questions about consent,” Longmont Times-Call, June 7, 2017
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“Longmont police say 'misinformation' from housing authority led to apartment search presence,” 7 News, June 7, 2017
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“Longmont Housing Authority launches its own investigation into warrantless-search allegations,” Longmont Time-Call, June 12, 2007
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“Residents in subsidized housing in Longmont rebel against warrantless police dog searches,” The Denver Post, July 24, 2017
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“UPDATED: What’s going on with this crazy drug dog story in a Colorado low-income housing complex?,” Colorado Independent, July 18, 2017
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“Longmont will pay $210,000 to settle claims over warrantless K-9 searches at public housing complex,” The Denver Post, November 14, 2017
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“Independent probe shows standard procedures violated in warrantless Longmont K-9 apartment searches,” 7 News, December 27, 2017
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“Report: Tenants felt 'pressured' to allow warrantless searches in Longmont,” 9 News, December 27, 2017