Mena

Mena v. City of Simi Valley

Good Law
156 F. App'x 24
United States Court of Appeals for the Ninth CircuitNovember 23, 2005No. 01-56673; D.C. No. CV-98-08512-AHMCalifornia1,278 words

Opinion

Lead Opinion

MEMORANDUM **

On February 3, 1998, at 7 a.m., Simi Valley Police Officers Robert Brill and Darin L. Muehler, along with a SWAT team and other officers, executed a warrant to search 1363 Patricia Avenue. Inside they found Iris Mena, a 5'2" woman, asleep in her bedroom. The officers pulled Mena out of bed and placed her in handcuffs at gunpoint. They then ordered Mena outside — barefoot and in pajamas — and took her into a converted garage. She was held there, in handcuffs, while the officers executed the search warrant.

According to Officer Muehler, the search of the house itself lasted an hour and forty minutes, until approximately 8:40 a.m. The officers then began to clean, inventory the evidence, and videotape the premises. The inventory was completed at 8:45 a.m., as shown on the inventory documents. A second round of videotaping was completed at 8:57 a.m. That video shows Officer Muehler sitting in the living room filling out paperwork, while Mena remained handcuffed in the garage. Officer Brill admitted that Mena was held an additional ten to fifteen minutes after videotaping *26 was completed. In line with all this testimony, Mena testified that she was held a total of two…

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