Balthazar v. City of Chicago

Federal 7th Circuit Court
Civil Court
Section 1983 Action
Citation
Case Number: 
No. 12-3378
Decision Date: 
November 8, 2013
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed
Record contained sufficient evidence to support plaintiff’s section 1983 action alleging that defendants-police officers’ forceful entry into plaintiff’s apartment to enforce search warrant violated her 4th Amendment rights under circumstances where defendants were searching wrong address. Search resulting from innocent mistake is not unreasonable, and record showed that defendants realized mistake contemporaneously with ramming plaintiff’s door and left immediately to go to correct address at nearby apartment. Fact that defendants had looked into plaintiff’s apartment upon realizing mistake did not constitute search of said address.