If cops damage property during a home search...?

Question

Am I legally entitled to have that damaged property reimbursed?

Answer 1

You can sue them, I saw it on one of the judge shows, a cop was being sued by a women...if nothing else.

Answer 2

If evidence of a crime was found and the search was legal ( warrant ) probably not. But if there  was no evidence of a crime, yes first file a claim usually with the city but some places directly with the police dept. Standard procedure is for them to deny any clain no matter how legitimate. Then you will usually go to arbitration and or require you to sue.

Answer 3

This depends on what was damaged. I have destroyed many doors and windows while doing an entry, nope, your problem. Can officers come in and maliciously break things that don't relate to the search,no. If you are the kind of doper, and I have information that you hide dope in the walls, well your sheet rock wont look the same when I leave ether. I have pulled up carpets, taken light fixtures down and removed plumbing while doing searches. For sure your place will not be the neat a tidy place it was when we got there.

Answer 4

Not if the search was lawful.  A search warant authorizes and even commands a search for something specific.  If a cop follows that order, and the warrant was issued properly, upon probable cause, then the government is not liable for damage.  On the other hand, if the property is unlawfully damaged, then government is liable for it.

Answer 5

Warrants are a often misunderstood thing for non LEO to understand because of TV and movies. Because I have a warrant issued in good fath information I cannot just start tossing the house. Warrants are usually given for specific items and I can only look in areas where that item could be reasonably found. If my warrant is for a M-240 GPMG looking in the microwave is out, however the hall closet or under the bed, sure!

I always try to get around that by adding the line "and any other contraband" in my warrants, that line will get me into anythng.

Yes, officers must make every effort not to damage property during the search. But if I need to tear out a wall to get to that item, say goodbye to the wall. Even if I find nothing I am clean because I am making a good fath effort to find the item I am looking for.

Now who pays, well if your dirty and I find that contraband usually you do. However if its a renteal/leese/hotel the agency will usually pay.  If there was no contraband, file and claim and the LEO agency will pay.