@SeventhSense – You can argue just about anything in a court of law, but in the case of demanding damages not voluntarily paid by a jurisdiction, you rarely are successful. Only three state courts have granted reimbursement: Minnesota, New Jersey, and Texas. This is what the link above says about it:
“In United States v. Russell the Supreme Court was faced with a claim for three steamers commandeered by military authorities during the Civil War. The Russell court found it obvious that “the taking of such property under such circumstances creates an obligation on the part of the government to reimburse the owner to the full value of the service.” The court continued, “private rights, under such extreme and imperious circumstances, must give way for the time to the public good, but the government must make full restitution for the sacrifice.” The court concluded that the obligation to make full restitution was based on an implied promise “on the part of the United States to reimburse the owner for the use of the steamboats and for his own services and expenses, and for the services of the crews during the period the steamboats were employed in transporting government freight pursuant to those orders.”
The Supreme Court hasn’t said what happens if equipment is borrowed and returned damaged, but lower courts have been reluctant to award compensation in such cases. In Blackman v. City of Cincinnati, for instance, the Ohio Supreme Court refused to compensate a vehicle owner for a crash that occurred when police ordered him to chase a fleeing suspect. Other courts have followed suit. In a much-discussed case, Customer Co. v. City of Sacramento, the California Supreme Court rejected a claim for compensation by a convenience store owner whose store was damaged when police used tear gas to flush out a suspect hiding inside. The court hinted that the result might be different if a plaintiff were seeking compensation after police “commandeered a citizen’s automobile to chase a fleeing suspect, or appropriated ammunition from a private gun shop to replenish an inadequate supply. Conceivably, such unusual actions might constitute an exercise of eminent domain, because private property would be taken for public use,” entitling the owner to compensation. Even then, the court recognized that Blackman suggested the opposite result.
Fact is, it’s not easy recovering for damage caused by the police regardless of circumstances. Courts have refused compensation to people whose property the police damaged while executing arrest warrants or search warrants. They’ve also refused compensation when police intentionally damaged property in an effort to flush out a suspect. Of the state courts that have considered the issue so far, only three, Minnesota, New Jersey, and Texas, have allowed those with damaged property to recover.
Of course there are other sources of recovery. If you have the right kind of insurance, it probably covers your vehicle if it’s damaged by police while they use it for law enforcement purposes. Many jurisdictions also either voluntarily compensate those who suffer damages when following the instructions of law enforcement personnel, or are required by local law to do so. Some victim compensation funds allow claims like this. Those injured while assisting police are often given workers’ compensation benefits under the police departments workers’ compensation program.”
So you can argue it if you wish, but most of the time you won’t get satisfaction.
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Composing members:
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