West
Grandmother wins $4 million after SWAT raided wrong home based on Find My iPhone app
A Denver judge awarded a 78-year-old grandmother $4 million in damages after a botched SWAT raid that relied almost exclusively on Apple’s Find My iPhone software.
Jurors concluded that Denver Police Department officers violated the state constitution by hastily seeking a search warrant of Ruby Johnson’s home without a proper investigation, wrote the ACLU of Colorado, which filed the lawsuit on Johnson’s behalf against Detective Gary Staab and Sgt. Gregory Buschy.
SWAT officers surrounded Ruby Johnson on Jan. 4, 2022, in Denver, as they searched her property for a stolen truck and guns. Johnson won a $3.76 million jury verdict earlier this month under a new Colorado law allowing people to sue police over violations of their state constitutional rights. Last week, a Denver judge increased the award to $4 million. (Denver Police Department via AP)
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On Jan. 4, 2022, Johnson was watching TV when she heard a loudspeaker blaring outside her home in Denver’s Montbello neighborhood. Police ordered anyone in the house to come out with their hands raised.
Johnson walked out her front door wearing a bathrobe, bonnet and slippers, stunned at the sight of an armored vehicle parked on her lawn. Officers with rifles and a K9 flanked her property.
“I didn’t want them coming in there shooting,” she previously told 9NEWS. “I came out, and then they asked me, ‘Do you have a gun on you?’ I said, ‘No, why would I have a gun on me?’”
Jurors determined that two Denver police officers acted “with willful and wanton disregard” for Ruby Johnson’s constitutional protection from unreasonable search and seizure, according to the ACLU of Colorado. Johnson lived alone in her home when SWAT raided it in January 2022. (Courtesy Joanna Kulesza/ACLU of Colorado)
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Police were looking for a pickup truck and guns that had been stolen the previous day from a Denver hotel parking garage, according to the lawsuit and 9NEWS. Police had obtained a warrant to search Johnson’s house based on pings from the Find My app on an iPhone that had been left in the pickup.
Apple’s Find My app uses information from Wi-Fi, GPS and cellular networks to determine the approximate location of people and their devices, the lawsuit states. Staab’s affidavit included a screenshot of the app with a circle spanning “at least six different properties” where the phone could be, according to the suit.
Staab improperly obtained the warrant because he didn’t mention the limitations of Apple’s Find My technology, which is “readily available” online, according to the suit. The filing characterized the detective’s affidavit as “hastily prepared, bare-bones, materially misleading” work.
Johnson sat in the back of a police car for hours while officers searched her house, causing unnecessary damage, according to the lawsuit. She told police where her garage door opener was, but instead they used a battering ram to break the door and its frame, the suit states.
Denver SWAT raided Johnson’s house on Jan. 4, 2022, after an officer said the Find My app on a stolen iPhone pinged near the home. The phone had been in a pickup truck that was stolen the previous day, but officers did not locate any stolen property in Johnson’s house. (Denver Police Department via ACLU of Colorado)
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Police also damaged the inside of her home, including breaking the head off of a cherished doll figurine customized to look just like Johnson and using the handle of a kitchen broom to smash up the ceiling so they could search the attic, according to the suit.
Earlier this month, jurors determined that Staab and Buschy acted “with willful and wanton disregard” for Johnson’s constitutional protection from unreasonable search and seizure, the ACLU of Colorado wrote. They originally awarded Johnson $1.26 million in compensatory damages and $2.5 million in punitive damages.
Last week, Denver District Judge Stephanie Scoville increased the award to an even $4 million, the ACLU of Colorado told Fox News.
The case is the first to be litigated under a provision of a sweeping police reform bill passed in Colorado in 2020 following the murder of George Floyd, according to the ACLU. The new law gave citizens a right to sue individual officers for state constitutional violations where, previously, those alleging police misconduct had to sue in federal court where the legal doctrine of qualified immunity often shields government officials from liability.
“This is a small step toward justice for Ms. Johnson, but it is a critical case under our state’s Constitution, for the first time affirming that police can be held accountable for invading someone’s home without probable cause,” wrote Tim Macdonald, ACLU of Colorado legal director.
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The Denver Police Department declined to comment on the jury verdict. A spokesperson told Fox News in an email that an internal review of the incident resulted in no formal discipline for the officers and no change in search warrant policies.
“The officers were acting based on a search warrant that was approved and signed by the District Attorney’s Office and a judge,” the spokesperson wrote.
The SWAT raid destroyed Johnson’s sense of security in her own home, according to the ACLU.
“Though the outcome of this trial will not fully undo the harm of that fateful day, it puts us one step closer to justice for her and others who have found their lives turned upside down because of police misconduct,” ACLU of Colorado Executive Director Deborah Richardson wrote in a statement.
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San Francisco, CA
San Francisco ranks top in the U.S. for desserts. Here’s where to go.
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First came monster donuts piled high with bacon and Fruity Pebbles. Then there were cronuts—the croissant-donut hybrid that had everyone buzzing. Later came the era of everything filled with pistachio paste, followed by pastries crafted to look like fruit. For Californians with a sweet tooth, the latest viral dessert trend is often just a drive away.
Now, a new report has confirmed what residents in the Bay Area have known for decades: when it comes to sweets, San Francisco can’t be beat.
From artisanal sourdough bakeries to late-night ice cream spots, San Francisco has secured its place as the fourth sweetest city in the United States, according to new research from Betway.
Analyzing dessert shop availability alongside online appetite for sugary treats, the study ranked major cities across the U.S. and Canada to uncover the nation’s sweetest city.
San Francisco ranks as the fourth most favored spot for folks with a sweet tooth in the nation, placing behind Miami, Atlanta, and Las Vegas, but ahead of cities like Boston and New Orleans—have beignets lost their luster?
The report noted San Francisco’s strong dessert scene, including 111 bakeries and cookie shops, 54 ice cream parlors, and 135 dessert shops. Overall, the authors wrote, the mix of high-quality bakeries and steady demand keeps the city firmly in the top tier of dessert cities.
Viral dessert spots in San Francisco to visit now
San Francisco’s ranking among the best cities for desserts should come as no surprise. Legend has it that the city is the first place in the U.S. to serve a fortune cookie. The slightly sweet, crispy cookie with a grain of insight—a memorable fortune read: “Buy clothes now, more expensive later”—is still produced in San Francisco at the Golden Gate Fortune Cookie Factory. The factory produces up to 10,000 fortune cookies a day and offers tours that should be on every visitor’s San Francisco itinerary.
The pastry shop that some say has the best croissant in San Francisco (see: Arsicault below) has experienced long lines since it opened its doors in the North Beach district three years ago. Owner and head pastry chef Sophia Smith honed her skills in Paris, where she mastered the art of lamination, a process that begins with high-quality French butter and yields a range of sweet and savory pastries that regularly sell out. The demand at the viral spot has gotten so great that a notice on their website asks customers not to line up before 7:45 a.m. The shop opens at 9 a.m., Thursday through Sunday.
Named the best new bakery in the U.S. by Bon Appétit when it opened its doors in 2016, Arsicault is a slice of Parisian heaven with three locations in San Francisco. Known for their traditional French pastries, including sweet and savory croissants, each location has a slightly different menu. Customers will find an assortment of sundries, including French baguettes, scones, cookies, quiches, and freshly made sandwiches.
The exquisiteness of their guava tarts warranted a mention in the New York Times when they were a pop-up; now, Sol Bakery is the latest viral sensation to open a brick-and-mortar spot in San Francisco. Located at the corner of Hayes and Central in the city’s Panhandle district, Sol Bakery is known for its viral tart, as well as its fresh focaccia, cakes, and sourdough croissants.
The name says it all. Known for their inspired multi-layered crepe cakes, Sweet Glory delivers on taste and aesthetics. Located in the Inner Sunset area of the city, Sweet Glory offers handcrafted desserts made with handpicked ingredients. In addition to their crepe cakes, try their moreish Basque burnt cheesecakes, which also come in a delectable range of flavors.
If you know, you know, and Holy Nata knows how to make the best Portuguese tart in San Francisco. Gooey, crispy, and luscious all in one, the “pastel de nata” is an egg custard tart with provenance. The recipe of the viral tart comes straight from Lisbon and is infused with the love of family and tradition. In addition to the traditional (which can be bought by the box), Holy Nata offers a rotating assortment of flavors each week. Holy Nata is in the city’s financial district.
Denver, CO
Denver police still looking for help solving double murder at American Elm restaurant 3 years ago
Police in Denver sent out a reminder on Friday that they are still looking for the public’s help trying to solve a double murder that sent shockwaves through the city’s food-service industry.
Emerall Vaughn-Dahler and Ignacio Gutierrez Morales were killed three years ago to the day — on April 24, 2023.
The crime was committed at the American Elm restaurant in the city’s West Highlands neighborhood.
Both people were employees there and were fatally shot at the restaurant in the late part of the morning.
Morales was a 58-year-old prep cook at the restaurant whose nickname was “Nacho.” He had three grown children. His family said after his death that he had a kind and gentle spirit and that they couldn’t think of anyone who would have wanted to harm him.
Vaughn-Dahler, 34, worked as a general manager at the restaurant. She was married with a 12-year-old son. Her husband Andrew Dahler told CBS Colorado when he learned she had been killed, he was devastated and “didn’t want it to be real.”
“Three years have passed, and their killer has still not been identified. The families of Emerall and Ignacio continue to live with unimaginable loss and are still searching, still hoping, and still asking for answers,” Denver police wrote in a Metro Denver Crime Stoppers bulletin.
The reward for information provided to authorities that leads to an arrest is as high as $32,600. Anyone who might have seen something suspicious on the 4100 block of West 38th Avenue between 10 a.m. and 12 p.m. pm April 24, 2023, is asked to contact Crime Stoppers at (720) 913-7867. Tipsters can remain anonymous.
Seattle, WA
Traffic flagger, 70, hospitalized after dump truck strike on Seattle’s Capitol Hill
SEATTLE — A 70-year-old traffic flagger was hospitalized after being struck by a dump truck on Capitol Hill on Friday morning, according to Seattle police.
The collision happened near the intersection of Broadway and East Pine Street just before 11 a.m. The woman was taken to Harborview Medical Center.
She was working for a private company at the time of the crash, according to police.
The Seattle Police Department Traffic Collision Investigative Squad is investigating.
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The dump truck driver remained at the scene and was speaking with officers, police said.
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