Search Warrant = Gratuitous Destruction

**Ken** · 07-17-2013, 10:23 PM

I just got back from a "house call." A client's home was raided by police with a search warrant tonight.

I understand that criminal defendants don't get much sympathy, but I fail to understand just why police consider a search warrant as a license to destroy everything on the premises. I don't know what they thought they were going to find when they destroyed the mini blinds in the living room. Half of the furniture in the house was destroyed. Two laptop computers were smashed.

I've been to other places where thorough searches were conducted and everything was left almost as it was before the police entered, but the clowns who did this were hell bent on destroying property. I don't consider then to be any better than the criminals they arrest.

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**crashdive123** · 07-17-2013, 10:25 PM

That makes no sense at all. Is there any responsibility/liability for the damages?

**Ken** · 07-17-2013, 10:31 PM

Originally Posted by crashdive123

That makes no sense at all. Is there any responsibility/liability for the damages?

Actually, Crash, I've seen much worse than this. I'll file all of the motions and claims, but they probably won't get that far.

I've learned two things from my experience with this particular police department: 1. They love to destroy homes. 2. Many of the officers are the most untruthful people who have ever taken a witness stand. As I said on the record before a Superior Court Judge, "Five officers testified. One told the truth. The other four, including the lieutenant, lied through their teeth." The judge threw the case out.

**crashdive123** · 07-17-2013, 10:36 PM

Hopefully your client can get some compensation. There just doesn't seem like there is any good reason to trash a place while executing a search warrant.

**Ken** · 07-17-2013, 10:43 PM

Originally Posted by crashdive123

Hopefully your client can get some compensation. There just doesn't seem like there is any good reason to trash a place while executing a search warrant.

The reason is that they usually get away with it. Several years ago, I viewed another location where an exotic fish tank was dumped into the bathtub OVER family photos, bills, personal records, and other irreplaceable items. Expensive furniture was sliced open. The lining was ripped out of clothing. The walls had holes in them. The contents of the refrigerator and freezer were dumped and poured all over the floor.

And nothing was found.

The kicker was that the affidavit for the search warrant was proven to be absolute perjury. Heads rolled on that one.

**welderguy** · 07-17-2013, 10:51 PM

Vandalism plan and simple. There is never a reason to do that, EVER!!!! I have seen sections of walls and floors removed for search purposes, but not destroyed like you mentioned.

**canid** · 07-17-2013, 10:52 PM

More than a small minority of LEOs are uptight, perpetually unsatisfied @#$hats looking for a violent outlet. How may pieces of private property have you seen destroyed in such a way that the search for what-have-you could not explain away the motivation in a residential search?

Too many of our police belong in prison, and it creates a serious social problem. It constantly, cumulatively erodes the public trust and respect, and it makes it difficult for responsible law enforcement to get their jobs done.

**Ken** · 07-17-2013, 11:04 PM

Canid, it's pathetic, but it's more like one criminal gang versus another rather that law enforcement doing its job.

**natertot** · 07-17-2013, 11:12 PM

I have also visited peoples places that were that way upon arrival, then they try to blame you for it. Don't think the game is one sided. Just sayin.

**canid** · 07-17-2013, 11:19 PM

I don't think it's one sided, but when my (probably already destroyed or auctioned) stolen rifle is returned, and a certain law enforcement agency appologizes for it's repeated unlawful entry to my residence, I'll take a more balanced view.

I have no grudge against police who are capable of living up to their own standards, with the exception that I don't of course always perfectly agree with those standards.

**Canoetripper** · 07-17-2013, 11:25 PM

They would never get away with in Flager county.
I've searsted many homes and cars trucks
and no one in my office has ever done anything like
that. Please don't think all police are like that.
Those guys need pro. help they would be fired
here in fla. There is no cause for that much detruction.
looks like they have some anger issues to work out.

**canid** · 07-17-2013, 11:30 PM

Of course not. I love what those of you who know your duty do, and I wouldn't want to live in a society that could do without it. I just want to see those who cross the line too blatantly get the same as us non-uniformed civilians, and for some of you to remember that you are just that; civilians, whatever you duty.

**canid** · 07-18-2013, 02:27 AM

You know; I know this is unrelated, but while I'm at it I think that coercion of confession for anybody ever later exonerated by proof of innocence should be punishable by life without the possibility of parole.

**Cast-Iron** · 07-18-2013, 02:43 AM

This is inexcusable. Heads should roll. A search warrant isn't a license to destroy or deprive people of their personal possessions. Perhaps some discrete "Nanny cams" with offsite data storage would have helped to document this destruction and identify those individuals responsible. In this era of social media if something like this went viral, officials would have a hard time explaining or dismissing this level of misconduct. We might as well take advantage of some of the same technologies now being used by government to monitor and track us. I feel fortunate to live in a community where this kind of behavior would never be tolerated.

**canid** · 07-18-2013, 02:57 AM

Oh, no! You do not want to get caught surveilling law enforcement when you are the subject of an investigation you can reasonably expect to occur. You begin to fall into espionage territory, where the rule of law and the bill of rights don't even pretend to apply to you.

If you do; you at least want to make sure the video gets out the the press or the public asap.

**Ken** · 07-18-2013, 06:36 AM

A few more...

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**BENESSE** · 07-18-2013, 07:47 AM

Were they looking for drugs?
Not excusing it, just curious.

**Ken** · 07-18-2013, 07:50 AM

When a stranger gropes your genitals in a crowd, it's called "indecent assault and battery."
When a TSA agent does it at an airport, it's called a "screening."

When you record the police engaged in their official duties, it's called a "felony."
When the police record your private activities, it's called a "gathering evidence."

When you enter someone's home and completely destroy the place, it's called "vandalism" or "malicious destruction of property."
When the police enter someone's home and completely destroy the place, it's called "execution of a search warrant."

When you drive down the highway at 85 mph, it's called "speeding."
When the police do it (when they're not responding to an emergency call) it's called "routine patrol."

If you lie under oath, you'll be charged with perjury.
If the police lie under oath, it's excused due to the "confusion at the scene."

If you shoot and kill someone without a compelling reason, it's called "murder" or "manslaughter." You're probably going to prison, and you'll lose everything you own in the lawsuit that follows.
If the police shoot and kill someone in error, it's called a "tragic accident." They'll go on paid administrative leave for a while before returning to duty. Of course, the government will indemnify them from all civil claims.

If you get caught using illegal drugs, you'll be arrested and charged with a crime and probably lose your job.
If a police officer tests positive during a mandatory drug test, he/she will get free counseling and treatment before returning to duty.

If you resist a police officer who is twisting your arm or neck, causing you severe pain, you'll be charged with "assault and battery on a police officer."
If a police officer uses excessive force and injures you, his/her actions will be deemed "justified" and you'll be charged with "resisting arrest."

All I want is for the authorities, our public servants, to be held to the same laws and standards that the rest of us must follow.

**Ken** · 07-18-2013, 07:56 AM

Originally Posted by BENESSE

Were they looking for drugs?
Not excusing it, just curious.

Yes. They allege (I have to say that) that they found 26 grams of suspected cocaine within seconds of entering the home. It would appear that they knew precisely where to look. The rest of the search could have been conducted in a civilized manner. But it wasn't.