Search warrant abuse? Limits on police conduct when using search warrant?
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Search warrant abuse? Limits on police conduct when using search warrant?
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A friend of mine was questioned by police regarding a crime. During the questioning, the officers asked that they be allowed to search his home. Along with the request, they stated that, if they were refused a voluntary search, they would return with a search warrant and be especially destructive during the warrent authorized search. My friend denied a voluntary search. True to their word, the police returned and were very destructive....including knocking holes in walls. During the second visit, they wanted access to a safe, My friend offered to open it for them, but they refused and instead forced the safe open. This destroyed the safe, which was fairly expensive.
My question is: Are there limits on police conduct during searches? Can they be deliberately destructive? Can they be held responsible for damages done?
Additional Details
Some responders questioned the facts as I presented them. To be honest, I have some doubts about what I was told also. But please assume in your responses that the facts are correct and respond accordingly.
I agree that the police would be acting correctly if they had a reasonable suspicion that something (like drugs) was being hidden in the walls, that the police would be acting properly if they poked holes in the walls.
My entire question is based on the presumption that I was told the truth that: -
Nothing was being hidden that had a bearing on their quesitons
The police were being deliberately destructive to punish the individual for refusing a voluntary search.
Having acknowledged the possibility that my friend's story sounded a little strange, the idea that the police could effectively punish someone with property destruction for simply standing by their rights to refuse a search sounds pretty bad for law enforcement.
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beverly
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Do not listen to the people that tell you that they cannot be deliberately destructive.
There are limits on police conduct during warrant searches, but those limits do not prevent them from doing things that can be demonstrated as necessary to effectively carry out the warrant.
For instance, if they suspect you are hiding drugs in your home and they have a warrant to search the home for drugs, they can essentially toss the entire house and in some cases tear apart furniture and even fixed elements of the home if they believe the drugs are being hidden in some secret area. If, for instance, a drug dog 'alerts' on a section of the bedroom wall, expect them to go after the wall with hammers.
In your case, if the officers can demonstrate that they were concerned that your friend might try to destroy evidence, they could justify refusing to let him near the safe. It could also easily be argued that since the officers have no way to know what is in the safe - including guns, explosives, etc - it would jeopardize their safety to allow him to open it. If they can demonstrate that there was a reasonable concern the safe might have some kind of 'emergency' code that could destroy evidence inside when entered, they could justify refusing to accept a verbal 'code' from your friend.
Too many people are wrapped up in the idea that you have to 'protect' yourself from the police. For the most part the people who want to sell you that idea are themselves criminal and have something to hide. If your friend had nothing to hide and had endured the inconvenience of allowing the police to search his home voluntarily, likely the officers would have been far more respectful of his property. In fact, he would likely have enjoyed greater protection against random damage since the officers would have been acting within the strict confines of his permission.
Police Officers (and Police Departments) can ALWAYS be held responsible for unreasonable damages or erroneous actions. If your friend believes the conditions of the search were excessive he can file a complaint at the department; he can also consult with an attorney. |
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mikeysco
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Yes there are limits on police conduct during the execution of a search warrant.
Yes, we can be deliberately destructive (if we could not, then people would hide the items being sought in such a way that we would not be able to recover them without being deliberately destructive).
Yes, we can be held responsible for damages we inflict during the execution of a search warrant.
Pretty generic answers, I know, but this is not the forum for specific answers to a situation which neither of us have all the facts about. |
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John B
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Yes, they can not willfully be destructive, He may want take them to court, or have them pay for damages.
It becomes a unlawful search if he Willfully exceed his/her authority, or to exercise it with unnecessary severity, when executing a search warrant. |
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Imperator03
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That would depend on how the warrant was written. Unfortunately, most judges rubber stamp warrants, so as long as the cops weren't lazy, they probably got permission to knock holes in walls, etc. Still it might be worthwhile to look at the warrant and determine if the officers acted beyond the scope of it.
Yes, officers can be destructive, if the warrant spells that out. If not, then you might have a chance. Really, like much concerning the law, it's a craps shoot. You pay your money and take your chances? Is it fair. No. Is it just? No. That, however, is the kind of world we live in when those in power use "the greater good" to excuse their behavior. |
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fluffy in Cali
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The police had to responsibility but to find what they are looking for. |
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