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Correspondence - retrial, 1980

 File — Box: 151, Folder: 6

Scope and Contents

From the File:

Here, the ACLU represented plaintiff and lawyer Eleanor Kraft in yet another case of abuse of power by police officers. Kraft, a practicing lawyer since 1961, was consulting with clients Marion Wayne Odell and Arlene Bennett in their home, following a civil court appearance that day. Ten policer officers, armed and not wearing uniforms, entered the house, terrifying Kraft and her clients. Kraft yelled at the police officers ("a very excited loud yell") and demanded to see the warrant, which they did have. The officers later alleged that she "delayed or obstructed the officers in the discharge of their duties." Much was made of Kraft's yelling, which was her only alleged "interference," and she was eventually arrested. An officer pointed a gun at her, but she felt confused by their lack of uniforms and the fact that they did not immediately present the warrant upon entering. The People argued that Kraft had no right to ask to see the warrant. She asserted that their actions were not related to a discharge of their duty, and requested the exclusion of certain evidence.

Probably as a result of Kraft's knowledge of the law, the case dragged on and a retrial was necessary. The outcome of the case is not obvious from the materials provided.

Dates

  • 1980

Access Restrictions

Some case files in this series are restricted.

Extent

From the Sub-Series: 42.5 linear feet (33 record storage cartons and 3 legal document boxes)

Language of Materials

English

Repository Details

Part of the California Historical Society Repository

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San Francisco CA 94105