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who bares responsibility for the arrestee's property

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Old Apr 9th, 2007, 10:57 AM     #1
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Default who bares responsibility for the arrestee's property

after being arrested as a result of a search and seizure, though it was a knock and announce warrant, my door was kicked in. I am unsure of how my home was secured and by whom because i spent the next 10 days incarcerated.

When I made bail, and returned to my home, not only had the police ransacked my home and destroyed many of my belongings, my landlord had evicted me but allowed me back into the home to begin cleaning up and packing and moving.

Unfortunately, while i was incarcerated, my home was also burglarized sometime between the 1st and 3rd day after my arrest. I know this because of transactions made using my bank card/mastercard for my checking account.

The eviction notice that was posted was dated 2 days after the search and seizure and my arrest.

There was an estimated $20,000 in theft, and only half was covered under my renters insurance.

Is there any liablity on the police or the landlord?
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Old Apr 9th, 2007, 09:30 PM     #2
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Default Re: who bares responsibility for the arrestee's property

Not the police most likely but the landlord could be if he failed to take some precaution that he should have...such as seeing the door ajar and doing nothing...
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Old Apr 10th, 2007, 01:25 PM     #3
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Default Re: who bares responsibility for the arrestee's property

you say most likely not the police. what might be the exception? and as far as the landlord or anyone else, I think its safe to assume that the atleast attempted to close and lock the door, but I know for a fact that due to the extent of damage to the lock and door after being kicked in the 2nd time by police that the door and lock didn't function properly. For instance, the lock could only be locked with a key, the vertical jamb of the doorway was cracked, split and separated, and it was very difficult to close the door and have it remain closed and not pop back open.

The burglury report filed by police stated that it was unknown how the burglarer entered the home. The police do have photos on record of the door and made a separate report accepting responsibility for the cost of damage to the door. And the maintenance man claims to have photos of inside the house that he took at some point while i was incarcerated to show the condition of the home when the landlord and constable posted the eviction and took possession of the home.
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Old Apr 12th, 2007, 03:01 PM     #4
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Default Re: who bares responsibility for the arrestee's property

You have to prove extreme misuse of power to sue the police...extreme, not just negligence etc.
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