Federal Judge Denies Police Officers
Attempt to Obtain Immunity
After They Entered Chesterfield Home Without A Warrant
On November 9, 1999 a Federal Judge in Richmond, Virginia denied the request by a
United States Assistant Attorney and Chesterfield County Attorneys to obtain immunity from suit for two police officers who entered
residence without a warrant.
Attorney Thomas H. Roberts, relied heavily upon the officers communication with
Chesterfield dispatch, to rebut the officers assertions that they were acting out of
concern for a resident when they barged into his home without a warrant to serve him with a
subpoena to testify before a Federal Grand Jury.
Before entering the home without a warrant, Russell stated to Chesterfields
Dispatch "He is here and he wont open the door
and I need to serve the subpoena and the U.S. Attorneys Office said to do whatever
you can to serve it. To do whatever you have to do."
Federal Judge Spencer agreed with Roberts, and ruled "Service of a
subpoena would never give an officer a basis for a warrantless entry into somebodys
Civil Rights attorney Thomas H. Roberts, stated "It is the clearly
established law that the zone of privacy is nowhere more clearly defined than within the
unambiguous physical dimensions of an individuals home, which is at the very core of
the Fourth Amendment provisions to be free from unreasonable government intrusion."
Attorney Roberts who is also spokesman for Freedom Works Foundation,
stated "A warrantless entry into a persons home is presumptively
unconstitutional and illegal."
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Thomas H. Roberts, Esq.
Thomas H. Roberts & Associates, P.C.
105 S. 1st Street
Richmond, Virginia 23219
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