Raid aftermath

[Kerplow]

so i'm standing an unusually long line at the PE and the guy in front of me is going on rather loudly about how his house was raided by department of corrections for a missing fugitive search. Apparently said fugitive had lived there, however, only for one month and over a year ago. anyway they completely ransacked the place and tore up the couches only to come up empty handed. when i asked if they were going to replace his couch he said no dice. my question is this: do search warrants give the police/jurisdiction the power to destroy private property in the process of executing the warrant?

I'm not trying to express any opinion here or troll. honestly just curious.

[HokeySon]

do search warrants give the police/jurisdiction the power to destroy private property in the process of executing the warrant?

Of course not. However, the owner will need to file a claim with the County/City/State on whose behalf the officers were acting. That means the owner needs to prove the officers either acted unreasonably or that a specific statute entitles them to compensation. When the claim is denied, the owner can sue in state (civil) court and bears the same burden of proof. There are very strict (and short) time limits on these claims.

[Kerplow]

Of course not. However, the owner will need to file a claim with the County/City/State on whose behalf the officers were acting. That means the owner needs to prove the officers either acted unreasonably or that a specific statute entitles them to compensation. When the claim is denied, the owner can sue in state (civil) court and bears the same burden of proof. There are very strict (and short) time limits on these claims.

Good to know. too bad i'll never see the guy again. he didnt exactly strike me as the type to figure it out for himself, either.

[StraightShooter]

Have you ever watched the show DEA on tv? Those guys do some serious damage to some houses/vehicles and on a couple occasions they had the wrong house/vehicle. I was wondering also if they are somehow responsible if they damage stuff.

[JDeMasi]

Actually a reasonable amount of damage for a specific purpose is permitted under the law. Example: If the occupant fails to open the door upon announcement, the police are permitted to remove it to enter. If there is information to suggest that narcotics are hidden in a wall, you can bet we'll check....

[Cokebottle]

If there is information to suggest that narcotics are hidden in a wall, you can bet we'll check....

I'll keep that in mind when I get ready to strip the drywall and refinish my bathroom

[BigDogatPlay]

Question that comes to mind... could the parolee have been hidden in the couches? If not then I'd think wrecking them might be a bit on the unreasonable side.

But that's just me.

[rdubya]

I work a fugitive task force. Prior to leaving the residence the owner/renter etc. is taken on a walk through to observe/comment on damage/mess made. A photo/video is taken of each room and a Board of Equalization form is given if damage is done during entry or during any search. It's kinda funny how much damage/mess is reported after we leave (if above is not completed). That is why the pictures and the walk through are done. Saves headaches later. As far as the couches go, weren't there but they will be searched not destroyed or damaged.

[Rob454]

Of course not. However, the owner will need to file a claim with the County/City/State on whose behalf the officers were acting. That means the owner needs to prove the officers either acted unreasonably or that a specific statute entitles them to compensation. When the claim is denied, the owner can sue in state (civil) court and bears the same burden of proof. There are very strict (and short) time limits on these claims.

So basically cops can come in tear up the place and leave and you are left with a destroyed house AND you are the one who has to sit there and hope your "claim" will be approved. Which we all know it wont be.
Good luck getting anything damaged paid for by the PD, city or state if they come in for a search. ESPECIALLY if the burden of proof is on YOUR end. Who is to say that the place was not like that when the cops got there? Hopefully you have recent pictures of your house and you can prove the house was not in the shape it was in after the cops came through. Im thinking thats the only way to get paid back for damages. Maybe the cops have to fill out statements of what they broke or had to search etc?

[retired]

Rob, your anti leo sentiment is shining thru. Take it down a notch and actually read what was posted by who you quoted. Also, rdubya made an interesting post and I would surmise other depts. may do the same.

Your comment, "Which we all know it wont (sic) be," is inflammatory and since you cannot possibly have knowledge as to how all such cases end, a ludicrous statement on its face.

If you want to make leo bashing statements, go elsewhere as not only does this forum prohibit them, so does the site.

[El Gato]

Lesson ONE... NEVER NEVER NEVER NEVER NEVER NEVER NEVER... allow a parolee or felony probationer to live at your house... unless and only If you can PROVE they are clean and sober and are complying with all terms and conditions of said release... you give up an incredible amount of privacy and the house can be subject to search and I mean the WHOLE house...if said felon has access...

Lesson TWO...be coop when they come to search... if you are obnoxious....and it shows... and you should have known you have given up your right to keep the police/parole/probation outa your "crib"...you might go to jail for obstruction and plan on spending a coupla days cleaning the place up...

Lesson THREE... don't let parolees/probationers live at your house... or did I already say that?... duly noted when your kid is on probation etc... but when your kid is 35 and on probation/parolee... they need to go live at a halfway house and learn to make it on their own... you being co-dependant and helping poor junior by letting him sit on your couch smoke pot, play video games and run a small busines out of your garage ........is not helping him....

that's my opinion based upon 20+years of this stuff... arrested a probationer yesterday... living with parents so they could "help him stay clean"... 30yrs old or so... he had stashed his crank in daddy's pickup...of course the popo didn't find it... not...

[Jonathan Doe]

I have taken apart several cars many walls to look for the evidence. Most times, I saw the detectives handing the owner the claims form. Of course it will take some time to process the claims through. But that damages cause by the LE angecy personnel will be compensated. I try to do my best not to damage the property as much as I can, but sometimes I cannot help. Many times, I advise the detectives that I will cause significant damage to the property for certain item to be recovered from a car or in the wall. If they think it is vital for their investigation, they will ask me to do it anyways. Many times, they said don't bother if the damage would be severe.

Looking for the evidence items for murders and serious crimes and solving the cases are important part daily business of the LE agency.

Oh, by the way, Rob454, last time I checked with my agency, they take videos and photo for the most part before and after they search. It is all documented. They will know what condition the house or the property was in.

[SVT-40]

Most agencies, if not all in So Cal take pre search videos and a post search video to avoid false claims of damage. If something is damaged that item (door, window) ect will also have stills taken. In addition most agencies will take photos of anything that is seized as well.

Standard practice for many years.

I would bet the "story" the O/P heard was exaggerated just a bit for the benefit of the audience.

[Ron-Solo]

LASD videos and photos all search warrants per policy, before and after the search. We have for years.

[Sniper3142]

Interestingly, someone I work with had a person on parole renting a room for a while. Then, over a month AFTER the person moved out, the local PD showed up looking for him.

My coworker was walking outside his house and saw the line of officers approaching. When he saw them looking over his fence and into his yard, he stopped them and asked what they wanted. They informed him that they wanted to search his place for the person on parole who used to live there.

My co-worker asked if they had a warrent and they said no, they just wanted to do a quick search for him.

My co-worker told them to go pound sand. He told them the person on parole no longer lived there and they had NO RIGHT to search his place. The police tried their usualy tactics (do you have something to hide? We can get a warrent... etc). My friend told them again that they couldn't search his place.

They didn't have a warrent and my friend isn't easily intimidated by cops. They eventually went away empty handed.



The moral is, if they don't have a warrent, then they DO NOT GET IN!

If the person on parole no longer lives there, then neither the PD nor the department of corrections has ANY AUTHORITY to enter or search someone elses residence.