It's a Raid!

when the dallas swat team raids your house and there is a lot of damage…..who pays for that?

This came without a name or signature - wonder why?

There is a legal standard that states whether a police officer is liable for damages. It is called the “qualified immunity test” and depends on two rules.(1) Was the law governing the official’s conduct clearly established?

(2) Under that law, could a reasonable officer have believed the conduct was lawful?”

What this boils down to, is that any damage caused by the execution of a search warrant is just your tough shit. Judges seem to feel that if you are hiding drugs or stolen items, etc. on your property, you can’t cry if the police come in and tear the walls out to find them. And they will (tear out the walls that is), if they feel it necessary. Drug raids, especially, are notoriously damaging to property. If the house or apartment was a rental, the landlord can and will hold you - the resident - liable for the damages.

About the only way to make the police or city pay for the damages is if the warrant itself (and thus the search) was illegal or in some way incorrect. For instance, now and then you will hear a story of an innocent family terrorized by a raid where it turns out the address on the warrant was incorrect - off by one number, or East Main St. instead of West Main St. In those cases, you can sue the police officers, and the department for the damage to the property.

BTW - on a related issue - it doesn’t matter if it was your roommates stash, you will be held equally liable for damages - and most likely be arrested, charged, and convicted right along with your roomie.

Summer