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Cops and Property

K

KrillBee

Golden Member
1) Regarding Police damaging your property:

If a cop crashes into your car while chasing after another car, is it true that your insurrance company takes 100% of the damage bill (repairing the squad car and your car?)

If they perform a drug search in your vehicle, and you dont have anything, but the canine dogs tear up your interior, does the police department pay for any of the damages?

If they break a window or screw up a door trying to get into your house (suppose they thought you were a drug dealer or something) and if you werent guilty, would they pay for the damage to your house?


2) Regarding Police seizing property:

When are police given a right to seize someone's property? I saw an episode on COPS where a drug dealer was living in this very nice mansion and the police broke in the place (with a warrant) arrest the guy and seized the house. Even worse yet, I read an article about a guy who had $9000 cash taken away from him at the air port. The police there assumed it was drug money. and the guy didnt get it back because he couldnt pay the 10% bond within 10 days to challenge the seizure.

Does the department get to keep the house and property forever? If so, why is this the case? It would make sense that they may need to temporarily own it, just so that they can do a thorough searching of everything, but why should they just get the property? And the original owner of the property is just screwed over then, and doesnt get anything back?

I saw the same thing happen on TV where a guy lost his vehicle to the police. Ironically actually it wasnt even his vehicle, but it was registered in his brother's name. But the police told the guy that they were gonna seize it and use it for undercover work from now on.
 
From them to search your car with a k9 they would have to have "resonable suspicion" that you had something so I think you would have to pay for it. If they hit you they do pay for it since my dad was recently rear ended by a cop and he had to pay (but he wasn't in pursuit so I don't know if that applies).
 
If they damage some of your property during a search, they will find something, whether or not it was there before they searched. That's the way it works.
 
Originally posted by: kongs
From them to search your car with a k9 they would have to have "resonable suspicion" that you had something so I think you would have to pay for it. If they hit you they do pay for it since my dad was recently rear ended by a cop and he had to pay (but he wasn't in pursuit so I don't know if that applies).
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but for someone to have reasonable suspicion on them, doesnt make them guilty. what if they dont find anything?

I'd assume if you were in pursuit, then you would be held liable for all damage costs. In your dad's case it sounds like it was the officer's fault, since he rear ended your dad. It makes sense then that the Police department would pay. I just recall hearing a rumor that the police departments never payed for anything. But obviously that rumor was a little extreme.
 
Originally posted by: KrillBee
1) Regarding Police damaging your property:

If a cop crashes into your car while chasing after another car, is it true that your insurrance company takes 100% of the damage bill (repairing the squad car and your car?)
Click to expand...

Normally, at least from an ideal point of view, the department that crashed into your car would pay for the damages it caused. They also have their own insurance company, so it would more than likely be worked out between both your company and theirs.

If they perform a drug search in your vehicle, and you dont have anything, but the canine dogs tear up your interior, does the police department pay for any of the damages?
Click to expand...

The dog shouldnt tear up your interior (ie rips in the seating and such.) If it does, you are more than likely gonna have to try to file a report about what happened and see if you can get anything back. As for other ways of "tearing it up," such as throwing everything out of order, or taking entire seats out, they are NOT obligated to put it back together regardless of whether or not they found anything.

If they break a window or screw up a door trying to get into your house (suppose they thought you were a drug dealer or something) and if you werent guilty, would they pay for the damage to your house?
Click to expand...

Once again, if you were found not guilty you would probably have to go after the department for reimbursement.
2) Regarding Police seizing property:

When are police given a right to seize someone's property? I saw an episode on COPS where a drug dealer was living in this very nice mansion and the police broke in the place (with a warrant) arrest the guy and seized the house. Even worse yet, I read an article about a guy who had $9000 cash taken away from him at the air port. The police there assumed it was drug money. and the guy didnt get it back because he couldnt pay the 10% bond within 10 days to challenge the seizure.

Does the department get to keep the house and property forever? If so, why is this the case? It would make sense that they may need to temporarily own it, just so that they can do a thorough searching of everything, but why should they just get the property? And the original owner of the property is just screwed over then, and doesnt get anything back?

I saw the same thing happen on TV where a guy lost his vehicle to the police. Ironically actually it wasnt even his vehicle, but it was registered in his brother's name. But the police told the guy that they were gonna seize it and use it for undercover work from now on.
Click to expand...

Police seizure actually depends on what they are seizing. A house has a higher standard of privacy and hence, protection from police seizure than say, a car or a purse. If it is believed by the police that the article they are seizing contributed to the criminal activity or resulted from the criminal activity, then the police can seize it and auction it off or keep it for city/department use. Various states have different rules regarding seizure and forfiture of property, but generally this is how it works. If you want more specifics, I would ask a lawyer or even a local cop in your area. They would know specifics better than me.
 
they can take what they want and deny it ever existed. its your word against theirs. back when my father was a cop he would come home with all kinds of stuff he seiized from people(BB guns, paintball guns, beer, etc)
 
Originally posted by: KrillBee
i wonder how hard it is to get reimbursement if they break windows in your house, but dont find anything.
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There can't be too many cases of broken windows without cause - I would expect the only reason windows would have to be broken is to establish an entrance..which any law-abiding citizen (ie who doesn't barricade their door when expecting cops to show up) wouldn't really have to worry about.

*shrug* But this is all speculation. 😛
 
The police can pull you over, search, seize, or break your property for any reason they want including no reason. What average joe has ever won a case against the police for any of these things?
 
Originally posted by: sygyzy
The police can pull you over, search, seize, or break your property for any reason they want including no reason. What average joe has ever won a case against the police for any of these things?
Click to expand...

Mapp vs Ohio, 1961 - landmark case..
 
Happened to a neighbor of mine when I was a kid

They thought he was dealing drugs

8 cops busted in scared his father so bad he had to be taken to the hospital and caused almost 100k in damges(most of which was a monster salt water fish tank that they smashed)

After all of that they found nothing

They did pay for it all as well as other damages
 
Originally posted by: Rastus
If they damage some of your property during a search, they will find something, whether or not it was there before they searched. That's the way it works.
Click to expand...

back in college days plain clothes cops in an unmarked car (yellow taxi) cut off the car i was riding in with my friend, we were getting a courtesy ride home from a bar owner because we were pretty drunk and the bar wasn't supposed to serve us alcohol...haha...

anyway, the cops jumped out of their car and pulled their guns and pointed it at our car, yelling for us to get out...we had to put our hands on the car, frisked, show ID, etc...they said they got an anonymous call stating that "an oriental woman was being kidnapped"...my friend was pretty drunk and had to be helped into the car, so I guess someone assumed she was being kidnapped...

so we're all out of the car except my friend because she's too drunk to move, the cops think she's being uncooperative so they pull her by the wrist with enough force to pull (more like pull-throwing) her out of the car and she lands/collapses on the street several feet from the car, and they just leave her there while they start interrogating us, NO ONE helped her up...by this time cars are stopped behind us, people that are walking by stop to watch what's going on...

after explaining the situation to them, they knew they were wrong (and probably embarassed), now a lot of cars were stopped behind us, a large crowd was standing around staring at the whole fiasco...instead of letting us go on our way and apologizing for the mistake, they discuss amongst themselves for a bit then write about an $80 ticket for the registration sticker of the car which was about a quarter peeled off, stating that it has to be fully applied...o_0

so no damage to property, but definitely made an effort to find something...
 
Originally posted by: sygyzy
The police can pull you over, search, seize, or break your property for any reason they want including no reason. What average joe has ever won a case against the police for any of these things?
Click to expand...

Exactly, we live in a police state. Your only defense is to stay 100% legal and/or look bad/connected enough that they don't want to take the chance of messing with you. The USA is still the best country in the world but that don't really mean much these days.
 
Originally posted by: KrillBee
Even worse yet, I read an article about a guy who had $9000 cash taken away from him at the air port. The police there assumed it was drug money. and the guy didnt get it back because he couldnt pay the 10% bond within 10 days to challenge the seizure.
Click to expand...
This happens too often. There have been several instances I've read about where someone would drive hundreds of miles to deliver an automobile they sold over the internet, then get a one way plane ticket home. They got paid for their car in cash, and the airport authorities seized it. Most of it is then lost in the legal battle to get it back. I don't like seizure laws in general, but if they're going to do it, it needs to be the state suing the individual for illegally obtained monies, not the other way around.

 
Originally posted by: SearchMaster
Originally posted by: KrillBee
Even worse yet, I read an article about a guy who had $9000 cash taken away from him at the air port. The police there assumed it was drug money. and the guy didnt get it back because he couldnt pay the 10% bond within 10 days to challenge the seizure.
Click to expand...
This happens too often. There have been several instances I've read about where someone would drive hundreds of miles to deliver an automobile they sold over the internet, then get a one way plane ticket home. They got paid for their car in cash, and the airport authorities seized it. Most of it is then lost in the legal battle to get it back. I don't like seizure laws in general, but if they're going to do it, it needs to be the state suing the individual for illegally obtained monies, not the other way around.
Click to expand...

i agree seizure laws need to be reworked.

i remember watching a episode of cops where a guy stole a friends car (yes it was reported stolen) then went to buy drugs. he was busted. they called the guy of the car and said who had it. he didnt want to press charges on him. the cop just said ok thanks hung up.

The cop just laughed and said since they werent pressing charges they were going to use the siezure laws to take the car now. THEY didnt tell the guy on the phone about it! they didnt tell him the guy was buying drugs etc.


 
Remember a few years ago when the DEA seized a cruise liner in Florida cuz some passenger had a joint. Now thats zero tolerance!
reminds me of a line in a Mel Gibson movie when James Colburn said;
"now thats just plain mean."
 
old lady nextdoor to us had collapsed at home, and her relatives couldnt get in.

one beast of a police officer and a battering ram got them in....shes alive and kicking now,:thumbsup: to them, we have no tolerance policing in middlesbrough, houses in seedy parts of our town (ie the drug, violence and prostitution areas) see regular house raids. good one em
 
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