Raid at wrong house brings lawsuit

A Jameson couple has filed a federal suit against law enforcement officers for executing a search warrant on the wrong home two years ago, according to an article in the Dec. 31, 2003, issue of the St. Joseph News-Press.

Terry and Charlene Kinnison are suing Daviess County Sheriff Kevin Heldenbrand along with officers and deputies of the Daviess County Sheriff’s Department, the Missouri State Highway Patrol and Maryville Public Safety Department for civil rights violations following an attempted drug raid in December 2001. Mr. Kinnison is chief of the Jameson Fire Department.

According to the complaint filed Dec. 11 in the U.S. District Court for Western Missouri in Kansas City, the officers had a search warrant for the home of a suspected methamphetamine producer at 16002 232nd St. in Jameson. Instead, officers searched the Kinnisons’ home at 17126 232nd St.

Mr. and Mrs. Kinnison allege the officers “busted the door” and began searching their home while the couple was outside feeding their animals. Upon returning to the house, the couple said the officers pointed their weapons at them and told them to “kiss the floor” while they were handcuffed and searched.

The complaint claims the search violated several of the Kinnison’s constitutional rights, including an unreasonable search and seizure violating the Fourth Amendment, denial of due process of law violating the Fifth and Fourteenth Amendments, and cruel and unusual punishment violating the Eighth Amendment.

The couple also is suing for damages to their home, legal costs and punitive damages. The couple is represented by Trenton attorney Jason Spillman.

As of Dec. 31, notice of the lawsuit had not been received by either the Daviess County Commission or the sheriff’s office.