Colorado grandmother sues police detective following SWAT raid based on false 'Find my iPhone' ping - NBC News

An aged Colorado pistillate is suing a Denver constabulary detective who ordered a SWAT raid connected her location aft it was falsely pinged by Apple's "Find my" app arsenic the determination of respective stolen items — including six firearms and an aged iPhone — according to a suit filed Wednesday.

The suit, filed successful Denver District Court by lawyers with the American Civil Liberties Union of Colorado, alleges that Denver Police Department Detective Gary Staab illegally issued a warrant for the raid of the location of 77-year-old Ruby Johnson connected Jan. 4, based connected what the ailment characterizes arsenic a "hastily prepared, bare-bones, misleading affidavit."

The ailment specifies Johnson is suing Staab “in his idiosyncratic capacity.” Johnson is seeking a assemblage proceedings and unspecified damages, according to the filing.

Staab could not instantly beryllium reached.

The ailment contends that Staab's affidavit violated Johnson's right, afforded by the authorities constitution, to "be escaped of unreasonable searches and seizures." The affidavit allegedly "lacked probable origin that grounds of transgression could beryllium found" astatine Johnson's home, since it was based connected an unverified and vague ping by Apple's "Find My" app, which is utilized to way Apple devices.

Staab issued the hunt warrant the time aft a achromatic motortruck with a Texas licence sheet was allegedly stolen from the parking store of a Denver Hyatt hotel, according to the truck's owner, who was staying astatine the hotel. The proprietor told constabulary that the motortruck contained six firearms — including a tactical military-style firearm — 2 drones, $4,000 currency and an aged iPhone 11.

The adjacent morning, according to the complaint, Staab interviewed the proprietor of the motortruck by phone, who said helium had utilized the "Find My" app to hunt for his stolen belongings and that it had doubly pinged Johnson's code the time before. Staab past utilized that assertion arsenic the ground for the raid, according to a copy of the affidavit obtained by NBC affiliate KUSA of Denver.

The ailment alleges determination were 2 main problems with that: first, Staab allegedly failed to effort to independently corroborate the alleged determination of the stolen items earlier carrying retired the raid; and secondly, the "Find My" app is utilized to find approximate locations and "is not intended arsenic a instrumentality enforcement tool," according to the complaint.

The country that was highlighted connected the app arsenic the imaginable determination of the phone, for example, spanned astatine slightest six properties and 4 blocks, according to an representation connected the ailment that was besides featured connected the affidavit obtained by KUSA.

“Defendant Staab presented his mendacious characterization of the screenshot’s meaning arsenic an nonsubjective information and omitted the peculiar facts and circumstances that contradicted it," the ailment states.

'The location was near successful disarray'

Johnson — who the filing describes arsenic a “United States Postal Service idiosyncratic and grandma who lives unsocial successful Denver’s Montbello neighborhood" — was "frightened and confused" erstwhile the SWAT squad arrived successful subject gear, with tactical rifles and a constabulary trained German Shepherd dog, and utilized a bullhorn to request that anyone wrong the location travel out.

According to the filing, officers damaged Johnson's location arsenic they kept her sitting successful a constabulary car, adjacent aft she told them determination was thing stolen successful the house. The ailment alleges they utilized a battering ram to “destroy’ the backmost store doorway and doorway framework — even aft Johnson gave them instructions astir however to unfastened the store door.

Officers besides "broke the caput disconnected 1 of Ms. Johnson’s prized collectable doll figurines that Ms. Johnson had cherished for astir 3 decades arsenic a acquisition from her youngest son," the ailment states, adding that constabulary besides rifled done her belongings.

"The location was near successful disarray," adjacent though the raid turned up nary of the items constabulary were looking for and nary grounds of immoderate transportation to the crime, according to the complaint.

'Tears commencement coming down'

The occurrence caused Johnson “severe carnal and affectional distress," according to the complaint: "Ms. Johnson’s privacy, consciousness of safety, and bid successful her location person been shattered since her location became the country of a militarized transgression investigation."

Following the raid, Johnson near her location — first, to walk a week with her daughter, who lives nearby, and past to enactment with her lad successful Texas for respective months — because she "could not carnivore to stay successful her house," according to the complaint. Since she has returned home, she remains acrophobic to reply the doorway and is considering moving away, according to the complaint.

“When I commencement reasoning astir it, tears commencement coming down,” Johnson told KUSA.

The filing claims that Staab "acknowledged to Ms. Johnson’s children the harm his DPD officers caused to Ms. Johnson’s well-being, home, and idiosyncratic property," but that helium told them the constabulary section wouldn't wage for repairs from the search.

Neither Staab nor the constabulary section apologized for the raid, according to the complaint.

The Denver Police Department did not instantly instrumentality a petition for comment.