This issue came up in discussion and no one seems to know the right answer.

As for homeowners insurance everyone had $1k or $2k deductibles. So it looked that either the agency paid or the homeowners had to eat the costs. But policies and procedures remain unknown / unclear.

Anyone know the "right" answers?

When I or one of my guys break a door down, no matter the reason, we provide the owner/resident with the number for our city’s Risk Management office.

My understanding is that we are legal in our actions the city declines to pay for the damages.

quote:

Originally posted by chongosuerte:
My understanding is that we are legal in our actions the city declines to pay for the damages.

That was the policy of the department I retired from also...large sheriff's department

What Chongo said, if we kicked a door and a search warrant was issued, wether or not anyone got arrested the warrant covered us and the city would not pay. If we kicked a door or the firemen prayed one open for a welfare check or the like, the city fixed the door. Which is why we always took care to check for hidden keys or open windows.

Mike you're saying the City fixes the door for a welfare check where Congosuerte says no. Still confused here.

quote:

Mike you're saying the City fixes the door for a welfare check where Congosuerte says no. Still confused here.

I will clear it up. Depends on the jurisdiction. Probably also depends on who you are. South Dakota who knows?

your going to get different answers from different municipalities. We’ve forced many doors in my career (FD), some for welfare checks, some fires, some fire alarms with no fire, etc. We don’t pay for the damage as we are within our legal authority to do so for aforementioned cases. This has come up in my department as recently as this past sunday when I forced a door for a commercial fire alarm, which turned out to be a malfunction....we encourage commercial structures to install a knox box which would contain keys for the building...they usually get one after we force a door for the first time for that particular business.

edit...went off on a tangent with commercial buildings....private residence welfare check same deal though....as long as the information I have at the time is adding up to the probability someone is inside, and needs to be checked for their own safety (such as elderly, known illnesses) and no one answers the door...we don’t leave until we get in...and we get in whatever way we see fit...we try and minimize the damage but sometimes it’s unaviodable.

quote:

Originally posted by bald1:
Mike you're saying the City fixes the door for a welfare check where Congosuerte says no. Still confused here.

I’m sorry, in the city of Wilson, we (the city) paid for or fixed doors where we(the cops) kicked a door in for a welfare check after an extensive search for keys or trying everything else’s to gain entry.

Yes, the city bought the damage we did, if there was not a search warrant or extigant circumstances.

Appreciate all the responses.

As a result have contacted a local fireman / EMT with this question. He wasn't sure of the County's policy and is checking official channels for the straight skinny.

quote:

Originally posted by cgode:
...we encourage commercial structures to install a knox box which would contain keys for the building...

I have a Knox Box on my home.

Very secure. There are many easier ways to break into my house than screwing around with that little beast. It is built like a tank.

When you order one it comes open. You don't get a key. You mount it and attach alarm sensors if applicable. Then call the fire department to come out and lock your keys inside. Easy, peasy.

I'm surprised more people don't have them. Particularly for older residents.

I'd guess most jurisdictions will not pay for damages caused by legitimate police activity.

But there is no universally applicable law that I know of, and some may pay.

But remember that the general principal of sovereign immunity applies, and unless the government authorizes suits against it, you generally can't sue the governemnt. (There are blanket authorization statutes for some classes of claims - often often for motor vehicle accidents and contract disputes. But police activity isn't usually included, except for the aforementioned motor vehicle accidents.)

quote:

I have a Knox Box on my home.

I'm seeing more and more of those around here. At the same time you can use any key box with a combination or even one of those newer powered deadbolts with keypad. You can then register your combination with emergency dispatchers and they can provide it to first responders if they need access.

Strong thread veer ahead:

I can see the city/police/fire not paying to repair a door that they damage in the course of legitimate business operations.

My question is, if a search warrant is issued, and they find nothing, but they damage my home, how is that right? Not talking about legaleze here, just right and wrong. In other words, you get a search warrant but it's typed for my address, 120 NoCrack Lane, instead of the crack dealer's at 120 NeedCrack Lane. You bust my door in, and it's the address on the warrant, but it's wrong. Also, if someone SWATs me and you bust in my door and I'm innocent, I still get to pay to fix my door? Trying to understand the nuance of it.

quote:

Originally posted by slabsides45:
Strong thread veer ahead:

I can see the city/police/fire not paying to repair a door that they damage in the course of legitimate business operations.

My question is, if a search warrant is issued, and they find nothing, but they damage my home, how is that right? Not talking about legaleze here, just right and wrong. In other words, you get a search warrant but it's typed for my address, 120 NoCrack Lane, instead of the crack dealer's at 120 NeedCrack Lane. You bust my door in, and it's the address on the warrant, but it's wrong. Also, if someone SWATs me and you bust in my door and I'm innocent, I still get to pay to fix my door? Trying to understand the nuance of it.

With an error of that kind, they should pay, but they may not. See my post above.

If the warrant was for your house, and they couldn't find any dope, but the warrant was obtained in good faith - you are shit out of luck.

quote:

My question is, if a search warrant is issued, and they find nothing, but they damage my home, how is that right? Not talking about legaleze here, just right and wrong. In other words, you get a search warrant but it's typed for my address, 120 NoCrack Lane, instead of the crack dealer's at 120 NeedCrack Lane. You bust my door in, and it's the address on the warrant, but it's wrong. Also, if someone SWATs me and you bust in my door and I'm innocent, I still get to pay to fix my door? Trying to understand the nuance of it.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
No. They will just send a CrackHead to repair your door.

i wonder if the city attorney would know?

quote:

I have a Knox Box on my home.


I'm surprised more people don't have them. Particularly for older residents.

I never heard of it before. I must not be the only one.

Now that there are plenty of serious responses...

Anyone else concerned that Bald1 is about to go all Breaking Bad?

quote:

i wonder if the city attorney would know?

I will take that for 100 dollars. The answer is we will try to get out of it if possible.

quote:

Originally posted by Fenris:

I have a Knox Box on my home.

...

I'm surprised more people don't have them. Particularly for older residents.

We all pitched in as a family and bought one for my grandmother, and it was $325. For my house? I'll roll the dice.
I actually did talk to my local chief when looking into it for my grandmother, and he said the preferred method for his department was to try the spreader but if that failed or looked like it would damage the frame, the'd break a window if possible. Window replacement being much cheaper than a new door/frame.