The Officer Santa Clause Incident Summary Judgment

by Greg Miller - Investigative Reporter

PARKERSBURG, WV - A federal lawsuit was filed against Ben Ward of the Parkersburg, WV Police Department and other officials. The Plaintiff allege an officer went to the Plaintiff's home, knocked and announced himself as "Santa Clause". According to an investigation conducted by the Police Complaint Center, the Officer Ben Ward, aka Santa Clause, without permission and search warrant entered into Mr. Libert's dwelling to search the home. Ward ordered Libert to take down a surveillance camera used as a security device to protect Libert's home.

The Federal Court issued a Summary Judgment of the law suit in favor of Parkersburg Police Department.

Here are the facts that have been observed by a legal professional concerning issues with the judge's Summary report:

1. Opening the door alone is not "permitting" the police officer to enter. The home occupant must ask the officer to come in but he reserves the right to limit the area the officer can occupy.
2. If there was a consent to search, the occupant can limit the scope of the search or revoke the search at anytime.
3. The search was conduct through infliction of duress that can lead up to the level of coercion.
4. The phrase "the plaintiff failed showed a genuine issue" is a subjective statement.
5. Having a camera does not rice to the level of an "emergency situation", an emergency situation is something that could be of intimidate harm to someone or something.
6. No consent was given to the search. Officer Ward did not request consent, rather, used is position to "demand" a search.
   
7. The plaintiff can only act under the knowledge of what a reasonable person would believe concerning his Constitutional rights and compliance with governmental authorities.
8. In any case, if an altercation would occur at the plaintiff's home/property, the Castle Doctrine would be a strong defense.