Quote:
Originally Posted by gnadfly
.... the police where at the wrong house ..... What is the probability (and legal basis) for recovering damages from the police and the judge who signed the warrant and the city?
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.... wrong house/address happens more than you might suspect ....
.... wrong person also ....
I wouldn't expand it out to the Judge who is relying on the representations of LE who relied upon a "reliable informant" ...
if the error was a typo or based on wrong information provided to them .... (there are some neighborhoods where no house numbers are displayed on houses and/or apt buildings without numbers/letters on doors ....) ... using a pic of the house is also a problem sometimes.
... as for the killing of the female ... it depended on what she was doing and what they were doing ....
... the last I saw one has to select between the individual officer and the agency/city with the latter having to have some policy for conducting the activity in an offensive manner ... there are elements of failure to train and/or supervise etc. but those have to be knowingly done or not done.
It's not simple ... the facts can be tricky. So can the election! Some of the decision has to do with any potential insurance coverage ... customarily "errors and omissions" coverage is for an individual and not an agency. Another consideration is often you will end up in Federal court where jurors may not be as "friendly" to a bandit's squeeze who got in a gunfight with invading officers with a search warrant!
