On 9/16/2022 7:18 AM, Bernie Cosell wrote:
In today's WaPo they've started a series on Policing in America and one of the articles spoke of a Mississippi sheriff that was fond of executing no-knock searches and documented one where the deputies apparently had a
fun time destroying the guy's house [NB: this was initiated by an anonymous "tip" [which was done by someone specifically to punish the house owner]
but that's not my question here].
my impression is that in the course of executing a search warrant the searchers can/do cause a lot of damage [in a no-knock, a destroyed front
door at the least]. Under what conditions [and how] can the property
owner get compensated for the damage done?
This seems to depend on state and/or local law. In some places, if the
police search your property and don't find anything, the city or state
will compensate you for the damages. In other places, "tough luck"
unless you can show that the warrant was improper (based on perjured
testimony, for example).
In some places, you won't even be compensated if the police destroy your
front door (and other damage) and it turns out they went to the wrong
address by mistake.
Under the circumstances, I'm surprised more people -- and especially
those dealing in drugs -- don't use "police locks"
https://smile.amazon.com/Door-Security-Bar-Sliding-Lock/dp/B07NVSP174/ref=sr_1_1_sspa?keywords=police+lock&qid=1663339353&sr=8-1-spons&psc=1
That might result in more damage to your door -- they would have to
basically chop it down to get in -- but would also give you time to
destroy the evidence.
--
I do so have a memory. It's backed up on DVD... somewhere...
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