A Long Island dentist is suing the Nassau County Police after a 2022 botched raid at his Massapequa home.
In 2022, the Nassau County Police SWAT team raided the home of Long Island dentist Paul Carey, who ran his dental practice out of his Massapequa residence. The raid was the result of a 911 call placed by an employee who claimed the dentist was brandishing a gun after yelling her name while smelling of alcohol. The employee never said she was being targeted. Two dozen officers and an armored SWAT vehicle responded to the call. The police broke through his front door with a battering ram. The police did not have a warrant.
Inside the home, law enforcement officers found several guns, seven silencers, over 3,000 rounds of ammunition (Carey claims over 4,000 rounds), 61 standard-capacity magazines, and tooling to make privately manufactured firearms (PMFs). Nassau County Police charged the man with 73 counts of various weapon violations. Mr. Carey contended that all the firearms and accessories were obtained legally.
But there was a major problem with the raid. The police lacked a warrant, and the employee was not in danger. The employee stated that the dentist thought there was an intruder. The Nassau County Police could have waited to obtain a warrant and comply with the Fourth Amendment, which prohibits unreasonable searches and seizures. Instead, they acted without legal authority, disregarding Carey’s Fourth Amendment rights.
Police obtained written consent to search the home from the dentist’s wife, Darlene Carey, but Ms. Carey did not live there. Further complicating the situation was the fact that the police entered the home before getting written consent. Even if the consent was valid – which is in question since his wife did not live in the residence – consent cannot be retroactive. This means that any evidence the police found was already spoiled (the fruit of the poisonous tree).
New York State Supreme Court Justice Robert Schwartz dismissed all charges, stating that the police should have waited for a judge to sign and authorize a search warrant. Prosecutors appealed the ruling, but the Appellate Division, Second Judicial Department, upheld the dismissal. The raid and apparent violations of Carey’s civil rights led the dentist to sue the police department in the U.S. District Court for the Eastern District of New York, a federal trial court.
Mr. Carey is suing for $2 million, alleging multiple violations of his Fourth Amendment rights, which protect individuals from unreasonable searches and seizures. He also alleges false arrest and imprisonment, excessive force, and malicious prosecution. Additionally, he claims emotional distress and that officers were negligently hired, trained, or supervised. He seeks to recover legal fees, compensation for damage to his home, lost income from his dental practice due to reputational damage, and punitive damages.
“Government actors still need to be forced to comply with the constitutional principles of liberty, equality, and due process,” Carey’s attorney, David Gray, told amNewYork Law. “Dr. Carey’s life was completely turned upside down, needlessly, and that’s why we’re seeking relief.”
Mr. Carey also claims that the police have not returned all his property. The police did not just take his firearms and ammunition – they also took several thousand dollars’ worth of wine that is still missing. The Nassau County Police did not respond to AmmoLand News’s request for comment.
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About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.
