Search Warrant For The Right House But The Wrong Suspects.?

Question

Several Officers developed probable cause to believe that evidence of credit card theft was in a house in their jurisdiction. The Officers used this probable cause to properly obtain a search warrant for the house which was owned by several of the suspects. The three suspects in this crime are all white. The Officers also knew that one of the suspects was known to carry a firearm and had a violent history towards Police.

The Officers later served this search warrant but upon entering the house they found that all the occupants of the house were Asian. During the initial entry to the house the Officers detain the four occupants and ensure there are no weapons. Two of the occupants were in bed, naked, and had been ordered out of the bed and made to briefly stand uncovered while the Officers made sure there were no weapons in or near the bed. The Officers then learned that the suspects had recently moved out of this house and the house had new innocent occupants of Asian decent. When the Officers learned this they apologized to the family and left the house. The innocent occupants later sued these Officers for violating their Fourth Amendment Rights. Did the Officers violate the new occupant’s rights? Why?

Answer 1

Yes the cops violated their rights.

The cops had the wrong people.

Answer 2

Two words: Good Faith.

I still wouldn't want to be the officer standing tall in font of the man explaining how my surveillance/due diligence was so lax that I didn't know Asians had moved in to the pad and I missed it.

Answer 3

Yes, it is their responsibility to ensure that the occupants of the house are indeed the suspects they are looking for otherwise it's an "unreasonable search".

Answer 4

Next time I'm in bed naked I hope I don't have to worry about this!

Answer 5

I believe the officers did everything correctly right up to the point before they ensured they had the correct occupants.  Since the occupants they suspected had moved, this invalidated their warrant to search.  Had they kept an eye on things, this would not have happened.