Who pays for police property damage in a search

[folamie]

What is the name of your state (only U.S. law)? CA/NV

I was at a festival in Nevada on BLM land when BLM agents (from California) caused damage while using a K9 unit to try and figure out if there was contraband in my vehicle.

The K9 was positioned with its paws on the side and back of my vehicle, and left claw marks on my vehicle. The scratch marks were deep enough that properly eliminating them would require repainting the panels, at a cost of potentially thousands of dollars. As a matter of expediency I might just use rubbing compound and some elbow grease and live with the aesthetic damage, so this is more of a theoretical than practical question for me.

Who is responsible for damage caused by law enforcement officers in the course of their duties while executing lawful searches? The property owner or the police department? I'm really looking for a general answer, not just for my particular case.

At the time they did this, they didn't have probable cause to believe there was any grounds for a search, but I'm interested also in who is responsible if they did have lawful grounds for a search.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[CdwJava]

I would get an estimate for the repairs and make a claim to the agency involved. If they refuse to pay, then you can take the next step and pursue the claim in small claims court.

 

[folamie]

I sent a letter asking about reimbursement to the BLM agent who supervised the search, and got no response. I don't have the name of the agent who handled the k9 so I wouldn't really know who to sue.

But I'm really curious about the general case... are citizens on the hook for police damage unless the police are nice enough to reimburse? In general people are legally responsible for the damage they cause, but is there a legal exception for police?

 

[CdwJava]

I sent a letter asking about reimbursement to the BLM agent who supervised the search, and got no response. I don't have the name of the agent who handled the k9 so I wouldn't really know who to sue.

But I'm really curious about the general case... are citizens on the hook for police damage unless the police are nice enough to reimburse? In general people are legally responsible for the damage they cause, but is there a legal exception for police?

There can be some limited immunity for the employing agency, but this is generally the case only when the actions of the individual necessitated the police actions. However, in a search, the agency can usually be held accountable.

You might consider submitting a claim to the agencies involved via registered mail and then filing a small claims action in whatever state where the action occurred.

If the agency did NOT have probable cause for the search, how did they justify it? Did you give consent? Are you or someone you were with on probation or parole? Did THEY claim to have probable cause to search? (all because YOU do not believe they had probable cause does not mean they did not)

 

[Zigner]

And, please be aware that you must submit an actual CLAIM (ie: using their forms). You can call and ask for the form.

Additionally, you have a limited amount of time in which to do this.