Arrest, Search, Seizure, Warrant Police destroying my home and property

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knoman

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My husband is on probabion. The Police did a probation search a few months ago, and they destroyed much of my home. There were 10 Officers who tore my home apart for 5 hours. They broke open computers, our dvd players, vcr's, and everything else electronic. I work on computers and I have dozens of spools of CD's. They dumped them all over the house and then walked on them for 5 hours while they were tearing everything up. They opened up my printer, turned it upside down and threw it on my bed. So all of the ink leaked out on my mattress, linen, paperwork, and clothes that they had dumped there as well. They opened up every single package of food from my kitchen cupboards and dumped the contents on the floor. They took every medicine bottle, vitamin, etc. and opened up all of the ones that were capsules and just dumped them all out. Anyway, they found some drug papaphenalia, but no drugs. The Senior Drug Task Force Officer said that whatever was damaged or broken by any of his team would be paid for. Just let him know. I photographed all of the damages that were done. And I filed a claim with some company that the city of Berkeley uses to handle their lawsuits for damages done by the Police. 6 weeks later I received a letter from the Acting City Attorney. It said "the city is immune from liability under Government Code section 821.6 for any property damage that occurred as a result of a search pursuant to a search warrant or probation search." If this is true, then when would the Police ever be responsible for the damage they do? And does it matter if anything illegal is found as to whether or not the Police are going to be held accountable for their actions? I've done some research online, and there's some controversy as to whether or not this code section even applies to my situation. Can you please clear it up for me? Thanks.
 
As I understand California public liability law, the Code draws a distinction between a "public entity" (like the police department) and a "public employee" (like a cop). S.821.6 exempts public employees from liability. It does not exempt public entities like the city itself. So, as far as that goes, the City Solicitor is incorrect.

However, a public entity not liable for conduct for which its employee is immune. So if the employee is immune under 821.6, its employer is ultimately not liable. I think the argument will be whether the employee officers are entitled to immunity. They may have been acting outside the scope of their authority or perhaps some other exception applies. I suggest you contact a local California lawyer who will be better versed in this than I.
 
wow I am so glad they didn't terrorize me and my baby this bad ......see wrongfully arrested child taken post.....these cops can do anything and destroy the lives of whom ever they feel like it .....here in california unless you have allot of money to pay for a good lawyer........your screwed, you don't have to be doing anything wrong they come in take over and you can't do anything to them.

why has it become like this? How can we be immune too? what needs to happen is a revolt! people need to get a back bone and stand up in numbers to get our rights back and we better do it soon or we wont have any left.

think about it we can vote for gay marriage ban, you can vote for a freeway being added in your area, but laws restricting the control and custody of any person 's child without the parent convicted of any wrong doing, its all based on opinion without valid verifiable evidence supporting this opinion. Uh when did this become a law? Look up your penal codes, all the others too......then look at the laws years before that go back like 15 years ago if you notice the laws then were much less then now.

Its illegal to do anything these days these laws are freaking stupid most of them. Its written in a language although english it is put in such a fashion that any normal person can't grasp the context. How are we made to follow the laws and know what they are when the language used is not how we talk or understand what is being said?

This was done on purpose because the lawyers which are what judges are lawyers too they want to control everything especially social control. The only thing thats in their best interests is to keep a close reign on people and keep an on going customer.

they regularly employ drones at night in large cities and rural area to take pictures watching specific people at times, these are unmanned airial toys with camera light and software. I have pictures of them in 5 seperate occassions they were scanning the whole hillside and it was obvious to all the people who live near by. There was no search and rescue and there was no crime for which anyone got raided or arrested next excuse! We seriously need to all stand up and demand to be treated fairly and they have no right to spy on us and ruin our lives by their abuse of power.
 
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