DENVER, COLORADO – A jury in Colorado has awarded Ruby Johnson, a 78-year-old woman from Montbello, $3.76 million in damages after finding that the Denver Police Department violated the state’s constitution during a search of her home in 2022. The case stems from an investigation into a stolen truck that included an iPhone, which led Detective Gary Staab and Sergeant Gregory Buschy to obtain a search warrant for Johnson’s home based on the claim that the phone’s “Find My iPhone” app had pinpointed her location. However, Johnson’s lawyers argued that the app only provided an approximate location range in the Montbello street.
Johnson’s legal representation from the American Civil Liberties Union (ACLU) of Colorado contended that there was no basis to specifically target her home. The search of her house involved officers wearing body armor and carrying automatic weapons. The jury concluded that the officers lacked sufficient cause to obtain a search warrant and ruled in Johnson’s favor.
The jury awarded Johnson $1.26 million in compensatory damages and an additional $2.5 million in punitive damages. According to Deborah Richardson, the Executive Director of ACLU Colorado, this verdict is an important step towards justice for Johnson and others affected by police misconduct. Richardson highlighted the violation of Johnson’s privacy, destruction of her possessions, and the resulting loss of her sense of safety in her own home as devastating consequences of the wrongful search.
The Denver Police Department declined to comment on the verdict. However, ACLU Colorado considers this ruling to be precedent-setting, shedding light on a broader issue of police obtaining warrants and invading individuals’ homes based on false information or misrepresentations of technology. Tim Macdonald, the Legal Director of ACLU Colorado, emphasized the significance of this case in holding police accountable for unwarranted invasions of privacy.
The outcome of this trial represents a small step towards justice for Ruby Johnson, but it resonates as a significant reaffirmation of the state’s commitment to preventing police misconduct. It serves as a reminder that individuals should not have their homes invaded without probable cause, as protected by the Colorado Constitution.