Washington v. Whitaker

*121I respectfully dissent and would reverse the judgment of the trial court as relates to both actual and punitive damages against both defendants, Officer Gregory Whitaker and the City of Charleston.

The search warrant under which Officer Whitaker proceeded to 37H Flood Street was valid, and I do not understand counsel for the plaintiffs to contend otherwise. That warrant authorized him to search not only the premises but also “... any person and their vehicles present during the execution of the warrant.” (Emphasis added.)

The warrant was procured because a reliable informant gave the officer…