View Poll Results: If the police break down your door in executing a warrant...

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Thread: If the police break down your door in executing a warrant...

  1. #1
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    If the police break down your door in executing a warrant...

    If the police break down your door in executing a warrant...

    ...and they are at the wrong house... Should they be required to pay for repairs and a replacement door?

    The question presumes that the wrong address was listed on the warrant and/or the police went to the wrong address different from that which was listed on the warrant. The question does not presume a good faith but incorrect suspicion of an otherwise innocent person.
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    Re: If the police break down your door in executing a warrant...

    hell yeah they should. But they don't. I'm guessing that people are lucky to even get a "go **** yourself" from the police department in question. Bastards.

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    Re: If the police break down your door in executing a warrant...

    Yeah, they should, but good luck with that.










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    Re: If the police break down your door in executing a warrant...

    Quote Originally Posted by radcen View Post
    If the police break down your door in executing a warrant...

    ...and they are at the wrong house... Should they be required to pay for repairs and a replacement door?

    The question presumes that the wrong address was listed on the warrant and/or the police went to the wrong address different from that which was listed on the warrant. The question does not presume a good faith but incorrect suspicion of an otherwise innocent person.
    It's what civil courts are for, presuming the police refuse to accept responsibility for their error. Depends on the jurisdiction, but I don't believe the police can be criminally charged with misconduct for the error. People make mistakes - courts make things right.

  5. #5
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    Re: If the police break down your door in executing a warrant...

    Quote Originally Posted by CanadaJohn View Post
    It's what civil courts are for, presuming the police refuse to accept responsibility for their error. Depends on the jurisdiction, but I don't believe the police can be criminally charged with misconduct for the error. People make mistakes - courts make things right.
    As long as there's no malice involved, and usually there is not, I don't think criminal charges are necessary. But a thousand bucks or so to fix the literal physical damage is not unreasonable.
    Roy L. Fuchs: I'll tell you something. This country is going to the dogs.
    You know, it used to be when you bought a politician, that son of a bitch stayed bought.

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    Re: If the police break down your door in executing a warrant...

    Fairly common apparently.
    Police claimed that that a confidential informant told them a drug dealer lived at the house. But the informant later came forward to say the police version of the story wasn't true, and added that they had only contacted him after the shooting in order to justify their botched raid. The city of Atlanta this summer settled a federal lawsuit with Johnston's family for $4.9 million.
    When Police Break Down Your Door

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    Re: If the police break down your door in executing a warrant...

    Quote Originally Posted by CanadaJohn View Post
    It's what civil courts are for, presuming the police refuse to accept responsibility for their error. Depends on the jurisdiction, but I don't believe the police can be criminally charged with misconduct for the error. People make mistakes - courts make things right.
    Some years ago there was a case in Texas where the DEA "dynamically entered" the wrong motel room. The tear gas killed the two-year old daughter of the family staying there. I never heard how the case came out; I suppose it was settled under some sort of secrecy agreement.
    "We the people are the rightful masters of both Congress & the courts, not to overthrow the Constitution, but overthrow the men who pervert the Constitution."
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    Re: If the police break down your door in executing a warrant...

    if they screw up and kick down the wrong door, yes, the town should pay for repairs. my guess is that many departments already do this, though. those that don't should.

    it's easy to be hard on cops, but most of them are pretty good, and have to deal with the worst segment of humanity on a day to day basis. my (albeit anecdotal) experience is that most of them are pretty dedicated, and take the job seriously.

  9. #9
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    Re: If the police break down your door in executing a warrant...

    Quote Originally Posted by radcen View Post
    If the police break down your door in executing a warrant and they are at the wrong house. Should they be required to pay for repairs and a replacement door? The question presumes that the wrong address was listed on the warrant and/or the police went to the wrong address different from that which was listed on the warrant. The question does not presume a good faith but incorrect suspicion of an otherwise innocent person.
    Don't know about everyplace, do know a bit about around here. The controlling authority handles such matters. For the Sheriff's dept it is the Board of County Commissioners and the police are under the City Authorities, either City Council or City manager. If the citizen doesn't feel the amount of compensation is high enough they can go to arbitration or small claims court.

    I can't think of a single Police department that is authorized to pay civil claims.

  10. #10
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    Re: If the police break down your door in executing a warrant...

    Quote Originally Posted by radcen View Post
    If the police break down your door in executing a warrant...

    ...and they are at the wrong house... Should they be required to pay for repairs and a replacement door?

    The question presumes that the wrong address was listed on the warrant and/or the police went to the wrong address different from that which was listed on the warrant. The question does not presume a good faith but incorrect suspicion of an otherwise innocent person.
    Yes they should compensate you for it. I even think if they have the right house the renter or property owner should be reimbursed for any damage law enforcement causes.After all we are presumed innocent until proven guilty in a court of law so law enforcement busted the door down and trashed the home of a innocent person.
    "A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murder is less to fear"

    Cicero Marcus Tullius

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