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The Spokesman-Review Newspaper
Spokane, Washington  Est. May 19, 1883

Judge Rules Search Not Negligent

From Staff And Wire Reports

South-central Idaho authorities were not negligent when they mistakenly searched the apartment of a woman and her young son as they conducted a drug bust in the building, a judge has ruled.

Christine Huber’s civil lawsuit, seeking $500,000 in damages, claimed police caused emotional trauma when they mistakenly searched her basement apartment during a drug bust in December 1993. Huber lived in a basement apartment below a house where the suspects were located.

Tom High, the attorney who defended Cassia and Minidoka counties and the city of Twin Falls, on Friday said 5th District Judge Barry Wood’s ruling supports police procedure.

To require additional surveillance when time is critical could hamper a meaningful search, Wood wrote in his decision released Friday.

Members of the now-defunct Tri-County Drug Task Force bought drugs through an informant the night of the raid. Five were arrested.

Huber said she and her 4-year-old son were sleeping when police kicked in her door and forced them to lie on the floor while they searched the apartment.