Courts
Judge upholds search by Coventry police
02:07 PM EST on Tuesday, December 8, 2009
PROVIDENCE, R.I. — The soccer game ended in a tie three years ago, but what unfolded next was a search by Coventry police officers before jeering onlookers of visiting Central Falls players accused of stealing cell phones and iPods. The officers’ search turned up nothing.
Eleven of those players filed suit in federal court, alleging the police violated their right to be free from unreasonable searches, invaded their privacy and amounted to racial profiling and ethnic intimidation.
In his ruling, U.S. District Judge William E. Smith said he was dismayed and disappointed by the officers’ lack of professional judgment and the appalling actions of the crowd. But, he said, the officers were protected by qualified immunity, which shields government officials from liability as long as their conduct does not violate rights of which any reasonable person would have known.
The players, who are no longer in school, appealed to the 1st U.S. Circuit Court of Appeals last week.
“How could [the Central Falls coach] possibly give permission to the police to search the players,” when the he didn’t have the authorization to do it? asked Vicki J. Bejma, their lawyer.
She added that, despite the ruling in its favor, “The Town of Coventry’s got nothing to be proud of.”
The varsity soccer game between Central Falls and Coventry had just ended in a 2-2 tie. Six Central Falls players used the bathrooms in the boys’ locker room as a security guard looked on. Coach Bobby Marchand sent the players to the bus, where they were met by about 20 Coventry football players who swore as they accused the Central Falls players of stealing the iPods. The coach said he would get to the bottom of it and spent about 25 minutes searching the players’ bags. None of the missing items was found.
The crowd, by this time, grew to 50. They shouted derogatory and racist remarks and threatened not to leave until the items were found.
Four Coventry police officers arrived and boxed the bus in. The topic of whether the police could conduct their own search arose; Marchand consented. He later testified he felt compelled to do so under the circumstances.
The officers ordered the players to exit the bus with their belongings and stand with their backs against the bus as the crowd continued to shout racial epithets and accusations. The police ordered each player to step forward with his bag. The officers searched the bags and held each cell phone or iPod found up for the purported “victims” to identify, the ruling states.
Smith found that the officers were shielded by qualified immunity but that “it was a close call as to whether a constitutional violation occurred.”
“And,” he wrote, “it is undisputed that the police did not have a search warrant and the search of the boys was not supported by probable cause.”
While the town conceded that it was unlikely that reasonable suspicion existed, it argued no violation occurred because Marchand consented. Consent may be given by a person with apparent authority. Judge Smith wrote, however, that law is unsettled on the subject, but that the police were entitled to rely on the consent.
Further, Smith said, “While the evidence may reflect the officers’ poor judgment in giving in to an unruly mob and humiliating the boys, it does not even approach discrimination.”
Coventry Police Chief Brian O’Rourke did not return a phone call Wednesday. Karen K. Corcoran, representing the town, also did not return a message.
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