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Should homeowners/renters be reimbursed from damage that resulted from a police raid?

Should homeowners/renters be reimbursed from damage that resulted from a police raid?


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jamesrage

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Should home owners/renters be reimbursed from damage that occurred during a police raid?

Yes
No
Maybe
other


I say yes the individual should be compensated. If law enforcement destroys and or damages property the the property owner/renter should be compensated.
 
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Re: Should homeowners/renters be reimbursed from damage that resulted from a police r

It depends on a lot of factors.

For example, the home owner may have holes in their wall, but what if the police had a good reason to believe that something may be hidden in the walls. I would consider that justified.
 
Re: Should homeowners/renters be reimbursed from damage that resulted from a police r

Should home owners/renters be reimbursed from damage that occurred during a police raid?

Yes
No
Maybe
other


I say yes the individual should be compensated. If law enforcement destroys and or damages property the the property owner/renter should be compensated.

During rightful police raid? Depends, by rightful I will assume they were on the right property and everything was by the book. In that case, likely not. Otherwise yes. Also, they [government] should be extremely restricted in the type and amount of property confiscation they can do.
 
Re: Should homeowners/renters be reimbursed from damage that resulted from a police r

It depends on a lot of factors.

For example, the home owner may have holes in their wall, but what if the police had a good reason to believe that something may be hidden in the walls. I would consider that justified.


A wall can be patched up,a destroyed wall might require a lot of drywall.
 
Re: Should homeowners/renters be reimbursed from damage that resulted from a police r

Should home owners/renters be reimbursed from damage that occurred during a police raid?

Yes
No
Maybe
other


I say yes the individual should be compensated. If law enforcement destroys and or damages property the the property owner/renter should be compensated.

We don't live in that America anymore.
 
Re: Should homeowners/renters be reimbursed from damage that resulted from a police r

Even if the raid was righteous, if the police go beyond force that was justified and reasonable then the renter/ homeowner should be compensated through the police department's errors and omissions insurance policy.
 
Re: Should homeowners/renters be reimbursed from damage that resulted from a police r

Even if the raid was righteous, if the police go beyond force that was justified and reasonable.


That is my opinion too.
The police can get a search warrant to any property they want. Contrary to television, those are basically rubber stamped by low ranking magistrates and municiple judges.
 
Re: Should homeowners/renters be reimbursed from damage that resulted from a police r

If the raid is performed through legal sanction and the raid results in charges and later a conviction, then no...they should not have to pay for damages sustained at the property.
 
Re: Should homeowners/renters be reimbursed from damage that resulted from a police r

If the raid is performed through legal sanction and the raid results in charges and later a conviction, then no...they should not have to pay for damages sustained at the property.

So you want a homeowner/renter to wait several months to a couple of years before they get reimbursed for the damaged caused to their property? Seeing how we are innocent until proven guilty I do not think it should matter if there isn't or is a conviction.Innocent people shouldn't get their property trashed and not be compensated for the damage caused.
 
Re: Should homeowners/renters be reimbursed from damage that resulted from a police r

I votes 'yes', though I would qualify that to maybe 90% of the time.

Especially when they raid the wrong place. When that happens, the only question the police should ask is, "To whom should the check be made out to?"
 
Re: Should homeowners/renters be reimbursed from damage that resulted from a police r

Unfortunately, the police are not even apologetic when this happens. Their policy is "never admit a mistake". In some ways, this is just as painful as the damage itself.

So, yes, they should compensate anyone who is inconvenienced by their actions.
 
Re: Should homeowners/renters be reimbursed from damage that resulted from a police r

Of course they should reimburse, but they should only pay in cash. That way, they'll legally be able to claim there's a microscopic grain of cocaine on the dollar bills and use it as justification to confiscate the reimbursement along with any property that wasn't damaged.
 
Re: Should homeowners/renters be reimbursed from damage that resulted from a police r

A wall can be patched up,a destroyed wall might require a lot of drywall.

Okay....

So no bitching when police obtain thermal/x-ray search devices so they can minimize the damage to walls when they have a articulatable reason to believe evidence is hidden inside the walls.....

Deal?



OMFG! MY RIGHTS! EVIL POLICE WITH EXPENSIVE TOYS THEY DON'T NEED!

I don't want to hear it.

They can either smash the walls in search, or use the device and when they locate something, and only when they locate something, smash a hole large enough to acquire the evidence they believed to be there.
 
Re: Should homeowners/renters be reimbursed from damage that resulted from a police r

That is my opinion too.
The police can get a search warrant to any property they want. Contrary to television, those are basically rubber stamped by low ranking magistrates and municiple judges.

Rubber stamp wouldn't be the word I would use.

You ever see what goes into obtaining a search warrant for a RESIDENCE?

It varys from one jurisdiction to another I agree....

Here, a warrant to search a residence often requires a GIS System print out of the location, pin pointed, and a very detailed physical description of at least the front of the home, in addition to articulation in the document as to where the house number is on the home, to include (often times) the COLOR and design of the numbers showing it is the correct house.

Thats just describing the PLACE.

Much more detail is required to specify the ITEMS TO BE SEIZED, depending on the type of investigation it is of course. And sometimes the items to be seized themselves are very generic. When this is the case, the basis for probable cause to search needs to be much much higher in order to explain why investigators would find evidence of the crime (a specific crime) at that place, and how this place is connected to the crime (if its because of a person which is connected to the crime or the location itself, etc).
 
Re: Should homeowners/renters be reimbursed from damage that resulted from a police r

So you want a homeowner/renter to wait several months to a couple of years before they get reimbursed for the damaged caused to their property? Seeing how we are innocent until proven guilty I do not think it should matter if there isn't or is a conviction.Innocent people shouldn't get their property trashed and not be compensated for the damage caused.

If evidence connected to the crime is found, and the damage to the property can be articulated as necessary, then no, no reimbursement for you.

If no evidence is found and there was no reason to believe that evidence was destroyed while officers were gaining entry to the home (Knock, Announce, Hear foot steps running away from the door, as Officers crash open door subject comes out of the bathroom with the toilet flushing noise in the background) then sure, reimburse them for any and all damages.
 
Re: Should homeowners/renters be reimbursed from damage that resulted from a police r

Unfortunately, the police are not even apologetic when this happens. Their policy is "never admit a mistake". In some ways, this is just as painful as the damage itself.

So, yes, they should compensate anyone who is inconvenienced by their actions.

The standard around here is to have the supervisor in charge of the search inform someone on how to contact risk management, which handles these sorts of claims.

The fire department deals with that alot more than we ever do.

(We have had that happen during crime scene searches where someone cries up and down fingerprints can be found on this unpolished wood-grain table over there and then bitch because the fingerprint dust got all over their carpet and they can't get it out).
 
Re: Should homeowners/renters be reimbursed from damage that resulted from a police r

Most of the time, yes. If the person was innocent, they should be reimbursed. If the search was the wrong house, or was illegal for some other reason, then absolutely. If the search ended up with someone being found guilty of whatever crime they were searching for, then no.
 
Re: Should homeowners/renters be reimbursed from damage that resulted from a police r

Should home owners/renters be reimbursed from damage that occurred during a police raid?

Yes
No
Maybe
other


I say yes the individual should be compensated. If law enforcement destroys and or damages property the the property owner/renter should be compensated.

I say the people should be able to sue the police over the issue and a jury should decide.
 
Re: Should homeowners/renters be reimbursed from damage that resulted from a police r

I'll have to go with what many said and when they do damage to the wrong house then yes. Incidental damage or legit damage to a rented residence, damages should be sought from the suspect.
 
Re: Should homeowners/renters be reimbursed from damage that resulted from a police r

In my mind it depends on whether or not the officers make an arrest or a seizure in relation to the warrant.

IF an arrest or seizure is made, then there should be NO reimbursement. In the vast majority of cases, even with no-knock warrants, the resident is given the opportunity to give up the location of the person or materials being searched for.

IF an arrest or seizure is NOT made, then the police should be responsible for the replacement or repair of the structure and any furniture IN KIND. You're not getting a new La-Z-Boy to replace that 20 year old recliner. You'll get the hole in the wall patched, but they shouldn't be re-doing the entire wall.
 
Re: Should homeowners/renters be reimbursed from damage that resulted from a police r

Im going to stick my neck out here....Today it seems every individual wants what THEY personally believe police should do under any given circumstances. There are so many varying opinions on how wrong any Police Activity is...Individuals seem to believe today that they have a RIGHT to tell the police what they should and shouldnt be allowed to do and how they should do whatever they do....YOU DO NOT HAVE A RIGHT...what you have a right to do, is make a lawyer rich and take it to court...thats a right youve ALWAYS had and its the same one you have today.

Do Drs make mistakes ? yes they are human...what is your recourse? Make a lawyer rich. Do any other profession that deals directly with other humans make mistakes ? Yes, whats your recourse, Make a lawyer rich....Do lawyers make mistakes? No...they lie their way out most of their mistakes :)
 
Re: Should homeowners/renters be reimbursed from damage that resulted from a police r

So you want a homeowner/renter to wait several months to a couple of years before they get reimbursed for the damaged caused to their property? Seeing how we are innocent until proven guilty I do not think it should matter if there isn't or is a conviction.Innocent people shouldn't get their property trashed and not be compensated for the damage caused.

Yes, I do want them to wait a reasonable amount of time (most charges are put together in less than 2 months). The police should not be responsible for damages caused during the collection of evidence when that evidence results in conviction. They would essentially be paying the criminal for committing crime.
 
Re: Should homeowners/renters be reimbursed from damage that resulted from a police r

I believe police should always pay for the damage they do. Doesn't matter if it is right house or not, they should pay if they destroy anything.

The only exception is if the suspect is the cause of the action. If he blocks the door, then police don't need to pay for his broken door.
 
Re: Should homeowners/renters be reimbursed from damage that resulted from a police r

Should home owners/renters be reimbursed from damage that occurred during a police raid?

Yes
No
Maybe
other


I say yes the individual should be compensated. If law enforcement destroys and or damages property the the property owner/renter should be compensated.

Depends on where responsibility rests. Shocking as it may be, coming from me anyway, police aren't always in the wrong. Sometimes **** has to get wrecked to gather evidence.
 
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Re: Should homeowners/renters be reimbursed from damage that resulted from a police r

If the police did not really have probable cause, or skipped some step in obtaining a warrant, or went beyond the type of search they were authorized to do, or basically did anything fishy, then yes. If the police followed the rules and did not use excessive force, then no. Police would have to do a cost analysis every time they went after someone, and would render them too weak.

HOWEVER!! Most of this crap, searches and confiscation of property, wouldn't be an issue if we weren't expending most police power on hunting down drug users and small time pot dealers. Like a lot of the problems with police these days, this would be a moot problem if we ended drug prohibition.
 
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