Anchor ads are not supported on this page.

4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs

City to pay illegally detained San Diego couple $450K

Officer mistakenly ID'ed car as stolen — punched in wrong tag number

A San Diego couple falsely detained, pepper-sprayed, and stung with a taser gun will receive $450,000 in exchange for dropping their case against the city and police officers who errantly flagged their Pontiac Sunfire as stolen after punching in the wrong tag number.

On Tuesday, December 17, city councilmembers will give the approval needed to settle the case brought by Dante Harrell and Shannon Robinson.

The incident occurred in March of 2010 as Harrell and then-fiancée Robinson were driving to Canada Steak Burger at 36th and University Avenue in City Heights.

According to court documents, officers Ariel Savage and Daniel McClain spotted the maroon Sunfire and ran the plates to check if it was stolen. One of the officers accidentally typed in the wrong plate number and the car came back as a Honda, not a Pontiac. They turned on their lights and pulled the couple over.

Sponsored
Sponsored

Before exiting the car, the officers realized their mistake. After typing in the correct numbers, the car came back clean. Yet, despite the new information, Savage and McClain continued with an investigation, asking the pair for identification and vehicle registration.

Shortly after, as reported by 10News in June of this year, Robinson called 911. While on the phone, the officers grabbed at her, eventually pepper-spraying the pair after they refused to exit the vehicle. They tased Harrell multiple times as well.

In May of this year, after years of court hearings, U.S District Court judge Anthony Battaglia ruled that the officers had violated the couple's Fourth Amendment rights.

"Defendants’ initial stop of Plaintiffs' vehicle constituted a permissible investigative detention of limited scope consistent with the Fourth Amendment, because it was not until after the Officers initiated the stop that they discovered they had made a mistake. However, upon realizing the mistake regarding the license plate, the Court finds Officer Savage's further detention and investigation of the Plaintiffs and request for identification was unconstitutional because the reasonable suspicion for the stop had dissipated when the Plaintiffs' license plate was re-checked and found to match the make and model of Plaintiffs' vehicle," reads Battaglia's ruling.

"Defendant Officers both admit that they knew before making contact with the Plaintiffs that basis for their initial suspicion that the vehicle might be stolen was unfounded and that no violation had occurred. The Defendants' mistake created the reasonable suspicion and when the Defendants realized their mistake, further investigation was both unnecessary and unwarranted."

Now, months after losing the case, the City of San Diego is trying to cut their loses.

According to a staff report prepared for Tuesday's council hearing, the $450,000 will be split three ways: $210,000 will be awarded to the couple and their passengers; $89,500 will go to Pacific Life and Annuity Services, Inc.; and $89,500 will be paid to BARCO Assignments, Ltd.

The reason for the payments to Pacific Life and Annuity and BARCO Assignments is not certain. According to BARCO Assignments website, the agency, based out of Barbados, "provides tax deferred solutions to a wide range of non-qualified settlements in a manner that reflects the time honored of excellence inherent to the structured settlement industry."

The City Attorney's Office has not yet responded to questions about the two payments. The story will be updated when a response is provided.

Here's something you might be interested in.
Submit a free classified
or view all
Previous article

Swive, Sue Palmer, P.O.D., Free Arbor Day Concert, San Diego Music Awards

Live music in Little Italy, Mission Valley, Bankers Hill, Downtown, and Shelter Island
Next Article

Swive, Sue Palmer, P.O.D., Free Arbor Day Concert, San Diego Music Awards

Live music in Little Italy, Mission Valley, Bankers Hill, Downtown, and Shelter Island

A San Diego couple falsely detained, pepper-sprayed, and stung with a taser gun will receive $450,000 in exchange for dropping their case against the city and police officers who errantly flagged their Pontiac Sunfire as stolen after punching in the wrong tag number.

On Tuesday, December 17, city councilmembers will give the approval needed to settle the case brought by Dante Harrell and Shannon Robinson.

The incident occurred in March of 2010 as Harrell and then-fiancée Robinson were driving to Canada Steak Burger at 36th and University Avenue in City Heights.

According to court documents, officers Ariel Savage and Daniel McClain spotted the maroon Sunfire and ran the plates to check if it was stolen. One of the officers accidentally typed in the wrong plate number and the car came back as a Honda, not a Pontiac. They turned on their lights and pulled the couple over.

Sponsored
Sponsored

Before exiting the car, the officers realized their mistake. After typing in the correct numbers, the car came back clean. Yet, despite the new information, Savage and McClain continued with an investigation, asking the pair for identification and vehicle registration.

Shortly after, as reported by 10News in June of this year, Robinson called 911. While on the phone, the officers grabbed at her, eventually pepper-spraying the pair after they refused to exit the vehicle. They tased Harrell multiple times as well.

In May of this year, after years of court hearings, U.S District Court judge Anthony Battaglia ruled that the officers had violated the couple's Fourth Amendment rights.

"Defendants’ initial stop of Plaintiffs' vehicle constituted a permissible investigative detention of limited scope consistent with the Fourth Amendment, because it was not until after the Officers initiated the stop that they discovered they had made a mistake. However, upon realizing the mistake regarding the license plate, the Court finds Officer Savage's further detention and investigation of the Plaintiffs and request for identification was unconstitutional because the reasonable suspicion for the stop had dissipated when the Plaintiffs' license plate was re-checked and found to match the make and model of Plaintiffs' vehicle," reads Battaglia's ruling.

"Defendant Officers both admit that they knew before making contact with the Plaintiffs that basis for their initial suspicion that the vehicle might be stolen was unfounded and that no violation had occurred. The Defendants' mistake created the reasonable suspicion and when the Defendants realized their mistake, further investigation was both unnecessary and unwarranted."

Now, months after losing the case, the City of San Diego is trying to cut their loses.

According to a staff report prepared for Tuesday's council hearing, the $450,000 will be split three ways: $210,000 will be awarded to the couple and their passengers; $89,500 will go to Pacific Life and Annuity Services, Inc.; and $89,500 will be paid to BARCO Assignments, Ltd.

The reason for the payments to Pacific Life and Annuity and BARCO Assignments is not certain. According to BARCO Assignments website, the agency, based out of Barbados, "provides tax deferred solutions to a wide range of non-qualified settlements in a manner that reflects the time honored of excellence inherent to the structured settlement industry."

The City Attorney's Office has not yet responded to questions about the two payments. The story will be updated when a response is provided.

Comments
Sponsored
Here's something you might be interested in.
Submit a free classified
or view all
Previous article

Gonzo Report: Kavana takes the stage at Navajo Live

Sparse crowd doesn’t lessen metal magic
Next Article

Ed Kornhauser, Peter Sprague, Stepping Feet, The Thieves About, Benches

The music of Carole King and more in La Jolla, Carlsbad, Little Italy
Comments
Ask a Hipster — Advice you didn't know you needed Big Screen — Movie commentary Blurt — Music's inside track Booze News — San Diego spirits Classical Music — Immortal beauty Classifieds — Free and easy Cover Stories — Front-page features Drinks All Around — Bartenders' drink recipes Excerpts — Literary and spiritual excerpts Feast! — Food & drink reviews Feature Stories — Local news & stories Fishing Report — What’s getting hooked from ship and shore From the Archives — Spotlight on the past Golden Dreams — Talk of the town The Gonzo Report — Making the musical scene, or at least reporting from it Letters — Our inbox Movies@Home — Local movie buffs share favorites Movie Reviews — Our critics' picks and pans Musician Interviews — Up close with local artists Neighborhood News from Stringers — Hyperlocal news News Ticker — News & politics Obermeyer — San Diego politics illustrated Outdoors — Weekly changes in flora and fauna Overheard in San Diego — Eavesdropping illustrated Poetry — The old and the new Reader Travel — Travel section built by travelers Reading — The hunt for intellectuals Roam-O-Rama — SoCal's best hiking/biking trails San Diego Beer — Inside San Diego suds SD on the QT — Almost factual news Sheep and Goats — Places of worship Special Issues — The best of Street Style — San Diego streets have style Surf Diego — Real stories from those braving the waves Theater — On stage in San Diego this week Tin Fork — Silver spoon alternative Under the Radar — Matt Potter's undercover work Unforgettable — Long-ago San Diego Unreal Estate — San Diego's priciest pads Your Week — Daily event picks
4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
Close

Anchor ads are not supported on this page.