Sometimes that spider just has to die.
Posted on 10/31/2019 12:31:05 PM PDT by OddLane
An armed shoplifting suspect in Colorado barricaded himself in a stranger's suburban Denver home in June 2015. In an attempt to force the suspect out, law enforcement blew up walls with explosives, fired tear gas and drove a military-style armored vehicle through the property's doors.
After an hours-long siege, the home was left with shredded walls and blown-out windows. In some parts of the interior, the wood framing was exposed amid a mountain of debris.
A federal appeals court in Denver ruled this week that the homeowner, who had no connection to the suspect, isn't entitled to be compensated, because the police were acting to preserve the safety of the public.
(Excerpt) Read more at npr.org ...
Not sure I disagree with the ruling offhand. Not like they hit the wrong house or something, there was an actual violent perpetrator therein and, presuming otherwise proper reasoning (i.e.: they would have done the same had it been the perp’s house) they did what they needed to get the guy.
If our social contract includes handing over some degree of our defensive rights to the police, then that includes the power to reasonably destroy property to stop/apprehend a perp to protect the public at large. Otherwise, nobody has a right/power to apprehend a perp on someone else’s property without immediately asking permission. (Probably expressed this poorly, but hope ya get the point.)
It’s one reason to have home insurance: criminal damages, including consequence of police taking said criminal down.
Upshot: it’s not the police’s fault the home was damaged, it’s the criminal’s. If you want a police force, you have to assign their damage to the criminal. (Now, had police hit the wrong house, or did it for fun, certainly their responsibility.)
Ancestors fought for their progeny. Their progeny prefer not to fight.
This is how they do things in Red China. Should be sufficient for America too. [/sarc]
I’ve met many judges over the years and unfortunately a lot of them are assholes. They have been having their ass kissed for so long they are arrogant pricks who think they are God. It’s a real shame because we need good judges.
Sometimes that spider just has to die.
The suit was simply asking that the Fourth Amendment’s requirement of “just compensation” be enforced.
“Hope he had insurance.”
Who will of course reassess the value of the house and now account for the “police depreciation” factor for the payout settlement.
“Department of works, here!”
Dirka Dirka
I casually mentioned in front of a group at work that we now know who the whistleblower is. The 30-something girl sitting next to me had no idea what I was talking about. She said, “corporate whistleblower?”
He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries.
He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.
He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.
He has abdicated Government here, by declaring us out of his Protection and waging War against us.
He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.
In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury.
I understand people’s frustration, but this is the common law rule and, here in California at least, is part of sovereign immunity. It may not be much of an answer to the affected homeowner, but the answer is what the answer always is: Change the law
The “blame” lies with the perp. Unfortunately, he’s probably broke and insurance doesn’t cover criminal acts so the homeowner is screwed.
They do get to claim the damages as a loss on their tax return though.
This falls into the sometimes ugly shit happens bucket.
“they did what they needed to get the guy”
Sounds more like they did what they needed to play with all the fancy toys Homeland Security sent them.
Yesirree, that’s what my ancestors in the Revolution fought for: unlimited police power to destroy at will
A monolithic police state with no accountability to the peons, er, “citizens”
—
But they did it to “preserve the safety of the public”
States are entitled to sovereign immunity, cities aren’t.
-PJ
“Hope he had insurance.”
He did. But he bulldozed the old 1974 relic and built a new luxury home.
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