Does It Violate the Fourth Amendment For Cops to Take Some Time Out and Play Wii During the Execution of a Warrant?:

The headline is not from the Onion. Tampa Bay Online reports:

  With guns drawn and flashlights cutting through darkened rooms, Polk County undercover drug investigators stormed the home of convicted drug dealer Michael Difalco near Lakeland in March.
  As investigators searched the home for drugs, some drug task force members found other ways to occupy their time. Within 20 minutes of entering Difalco’s house, some of the investigators found a Wii video bowling game and began bowling frame after frame.
  While some detectives hauled out evidence such as flat screen televisions and shotguns, others threw strikes, gutter balls and worked on picking up spares.
  A Polk County sheriff’s detective cataloging evidence repeatedly put down her work and picked up a Wii remote to bowl. When she hit two strikes in a row, she raised her arms above her head, jumping and kicking.
  While a female detective lifted a nearby couch looking for evidence, another sheriff’s detective focused on pin action.
  But detectives with the Polk County Sheriff’s Office, the Auburndale, Lakeland and Winter Haven police departments did not know that a wireless security camera connected to a computer inside Difalco’s home was recording their activity.

Here’s a photo of the action:

  Assuming playing Wii didn’t lead the police to discover any evidence, I don’t think the defendant can get any of the evidence suppressed. And it’s hard to know what the damages are in a civil suit, even assuming that there was in fact an unauthorized Wii seizure (a wee seizure, I suppose!). But c’mon, folks: Wii is for home, not work, especially when you are conducting a police raid.

  Thanks to Gregory McNeal for the link.

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