A police officer damaged my property during a search of my car. Can I be compensated for the damage?
42 U.S.C. § 1983 "provides a civil claim for damages against any person who, acting under color of state law, deprives another of a right, privilege or immunity secured by the Constitution or the laws of the United States." Thomas v. Roach, 165 F.3d 137, 142 (2d Cir. 1999) Property damage may constitute such seizure and, where unreasonable, may constitute a Fourth Amendment violation. Foreman, 260 F. Supp. 2d at 505 ("when officers act unreasonably in damaging property during the execution of a search warrant, they may be subject to liability for that damage"). "[I]t is well recognized that ‘officers executing search warrants on occasion must damage property in order to perform their duty.’" Cody v. Mello, 59 F.3d 13, 16 (2d Cir. 1995) (quoting Dalia v. United States, 441 U.S. 238, 258 (1979)). “Before any due process liability can be imposed for property damage occurring in a lawful search, it must be established that the police acted unreasonably or maliciously in bringing about the damage.” Cody, 59 F.3d at 16. Now the fun part... the burden of proof is on you to show that the property damage occurred as a result of the search. Since you were not privy to the search, you cannot provide evidence that shows that the officers acted unreasonably or maliciously. Wheeee... In short you were owned by the po-po. Next time ask for the Sargent on duty to be present. They don't have to do it, but it does cause them to take a step back and reconsider their actions. Remember you can you usually get away with violating one of the rules below. But break two or more at the same time and things get bad in a hurry. Dont do stupid things, in stupid places, with stupid people, at stupid times.