2006-09-23 12:50:02 · 11 answers · asked by laedeb 3 in Politics & Government ➔ Law Enforcement & Police
In narrowly defined cases you might be able to recoup losses after a suit where you had proven negligence or malicious intent (good luck with that). We have a fund at our department (partially funded by drug seizures etc...) that could be accessed for this type of thing. I have seen it used before when there was bad info on an address and a raid busted up the place. I know of several residences that have had doors replaced etc... by this money. It was an officer conceived and implemented initiative that established this budget item. Pretty good idea I think. The biggest hurdle was getting it past the City Attorney's office. Their spin was that the Department was "admitting guilt" by repairing anything that got broken during a warrant execution. The funds can also be disbursed for emergency supplies for diapers, groceries, meds or whatever, until social services can be obtained.
2006-09-23 15:31:49 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Oh my gosh--I thought that was a punchline! Are you serious? I've gone to homes that have been raided that no longer have one window left intact and the wall to wall carpeting pulled up. Replacement? They were notified by Certified Mail from the City Council to have their home back to the housing standards within 3 weeks or be fined. One home had the police use the battering ram to disentegrate the entire front entrance only to "discover" the home they had a warrant for was next door. How do you replace total terror to a father, mother and 5 small children?
2006-09-23 21:33:55 · answer #2 · answered by HisChamp1 5 · 0⤊ 0⤋
Basically, if we are there without a warrant either to search or arrest, we can't intentionally damage property, Meaning: if we are there looking for a stash of cocaine, we can use reasonable means of force to search (like unzipping couch cushions and looking through, or removing your clothing from the closet) this does not mean we can take a sledge hammer to your bedroom wall, unless of course, our informants advised that the coke is stashed within the walls and for that reason the search warrant will have provisions where property of the residence or the structure itself may be damaged by the very nature of the search, (order to make entry without consent into your home, and conduct adequate search) NORMALLY THIS DOES NOT MEAN THAT WE CAN KICK OVER YOUR FURNITURE WHEN WE ARE ID'ING TEENS AT A HOUSE PARTY.....in any event if the search turns up negative results, you are in all your right to file a claim with the city for restitution, normally not in small claims court because if anything like that would happen, the punitive damages would more than likely quadruple the 5,000 damage limit which most civil courts go by.....
2006-09-23 20:09:50 · answer #3 · answered by Anonymous · 2⤊ 0⤋
There are only 2 ways police can come in. 1 if they are invited in and then they must ask to search the place. If givin permission and they accidently break something, no they do not have to replace it, they were givin permission to search. 2 as in the case of an actuall raid, they must have a search warrant and if they have a search warrent and they accidently break something, they do not have to replace it, they had legal permission to enter. If they ask and are refused entrance, they will just go get a search warrant. Always best to just cooperate with police
2006-09-23 19:57:22 · answer #4 · answered by Anonymous · 0⤊ 0⤋
nope they dont have to do anything, personally writing letters to the paper explaining the situation works wonders, they don't harrass you in retaliation for filing a claim, you get them all pissed off so you're paranoid they'll plant something on you and you tell this publicly...it may not replace what they break, but it will give you peace of mind. Good luck.
2006-09-23 19:54:44 · answer #5 · answered by marquita 3 · 0⤊ 0⤋
Yes but how can you prove beyond a resonable doubt that the police dept. caused damage to the property?
2006-09-24 01:11:49 · answer #6 · answered by jwurm99 3 · 0⤊ 1⤋
As far as I know they do NOT have to fix or replace anything.
2006-09-23 19:56:19 · answer #7 · answered by gabby_girl_gabby_girl 2 · 1⤊ 0⤋
If they had a valid warrant with proper probable cause, normally no they do not have to fix anything
2006-09-23 19:53:30 · answer #8 · answered by Anonymous · 1⤊ 1⤋
yes but you have to take them to civil court on the matter of damages
2006-09-23 19:53:02 · answer #9 · answered by LUV 1 · 1⤊ 0⤋
you can file a claim
but good luck
2006-09-23 19:52:02 · answer #10 · answered by Anonymous · 2⤊ 0⤋