Nick Hoskins contends four SDPD officers violated his Fourth Amendment rights by shattering his window and searching his car without probable cause
Nicholas Hoskins poses for a photograph on July 11 at the Law Offices of McKenzie Scott in downtown San Diego. After serving eight years in prison for crimes that the California Supreme Court later ruled there was no evidence that he committed, Nick Hoskins knew his constitutional rights well — especially his Fourth Amendment right against unreasonable searches and seizures.
“What is the probable cause for the search?” Hoskins asked the officer repeatedly. Without answering those questions, an officer smashed Hoskins’ passenger-side window, the video shows. Hoskins challenged the sufficiency of the evidence, and his convictions were overturned by a state appeals court and the state Supreme Court.
While Hoskins’ lawsuit mentions all four police stops since his release from prison, the specific allegations pertain to the May 9 stop in Southcrest. According to his lawsuit and an interview, Hoskins had just left a community barbecue at Southcrest Park and was headed to pick up his 12-year-old son from his school bus stop when officers stopped him near the 43rd Street entrance to Interstate 805 north, allegedly for failing to fully stop at a stop sign.
But on May 9, the officer continued to tell Hoskins to get out of the vehicle. The lawsuit does not name any of the four officers, stating that their identities are unknown at this time. The video shows that after Hoskins continued asking what probable cause the officers had to search the vehicle, an officer smashed his passenger-side window, striking it at least 10 times as Hoskins was pelted with shards of glass. At that point, he unbuckled and exited the car.
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