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Polls Discuss Should homeowners/renters be reimbursed from damage that resulted from a police raid? at the General Forum; Originally Posted by Manitou So if the cops went to the right address, broke down the door, and then nothing ...

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

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  #11 (permalink)  
Old 07-21-2012, 04:28 PM
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Default Re: Should homeowners/renters be reimbursed from damage that resulted from a police r

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So if the cops went to the right address, broke down the door, and then nothing was found, what does the judge do, I mean besides play Switch Thumbs?
Whether something is found or not is irrelevant...

Judges sign warrants when there is REASON TO BELIEVE there's crap going down in that residence...

Unless you think judges simply sign off on warrants willy-nilly, you have to believe the judges sign them because there is credible evidence for law enforcement to enter the house...with force, if necessary...

Whether entering the house validates the evidence or nullifies it, judges don't have hindsight ability...They can only go by what evidence is shown for CAUSE at the time of a warrant request...
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Old 07-21-2012, 04:43 PM
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Default Re: Should homeowners/renters be reimbursed from damage that resulted from a police r

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Originally Posted by cnredd View Post
Whether something is found or not is irrelevant...

Judges sign warrants when there is REASON TO BELIEVE there's crap going down in that residence...

Unless you think judges simply sign off on warrants willy-nilly, you have to believe the judges sign them because there is credible evidence for law enforcement to enter the house...with force, if necessary...

Whether entering the house validates the evidence or nullifies it, judges don't have hindsight ability...They can only go by what evidence is shown for CAUSE at the time of a warrant request...
Thank you, but what I meant was, who pays for the damage done on an innocent and his property? Never mind the "infallibility" of the judge's information. Any answer?
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Old 07-21-2012, 05:01 PM
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Default Re: Should homeowners/renters be reimbursed from damage that resulted from a police r

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Thank you, but what I meant was, who pays for the damage done on an innocent and his property? Never mind the "infallibility" of the judge's information. Any answer?
If the information given to the judge who signed the warrant was valid, then the occupant pays...

The occupant lives in a city (town, county, whatever) that has laws that say "Your door can be broken down if a judge signs a warrant because there is probable cause for law enforcement to enter your house at any time."

If the probable cause was found to be malicious, ill-gotten, or negligent, the occupant would have a right to sue for damages (and maybe even some punitive damages as well)...

Of course, the next question would be "What's considered into probable cause?"...

I would imagine judges have guidelines for that...I would think they don't sign warrants and cops break down a door simply because someone called 911 and said 23 Man Street is a meth lab...
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Old 07-21-2012, 05:05 PM
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Default Re: Should homeowners/renters be reimbursed from damage that resulted from a police r

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Of course, the next question would be "What's considered into probable cause?"...

I would imagine judges have guidelines for that...I would think they don't sign warrants and cops break down a door simply because someone called 911 and said 23 Man Street is a meth lab...
Thanks again.
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Old 07-21-2012, 05:07 PM
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Default Re: Should homeowners/renters be reimbursed from damage that resulted from a police r

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Thanks again.
I stayed at a Holiday Inn last night...
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Old 07-21-2012, 06:18 PM
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Default Re: Should homeowners/renters be reimbursed from damage that resulted from a police r

No wonder!
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Old 07-21-2012, 06:31 PM
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Default Re: Should homeowners/renters be reimbursed from damage that resulted from a police r

I'd say yes, if they are innocent.
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