Post Search Flashcards
Damage to premises
Rental properties
Landlord’s and those who have borders living in a property belonging to them will generally carry the risk in respect of illegal activity taking place on the property. Where a search warrant or use of other power is justified by the outcome of Execution or the grounds for execution were sound the compensation for justifiable damaged or not generally be available
Damage
Unreasonable search or unjustified damage
The method of entry and the manner in which the search is conducted must be reasonable in all circumstances. In cases where unjustified damage is caused in the execution of a search warrant or power compensation may be available
Damage
Mistakes
In cases where a mistake is made in the execution of a search warrant or power compensation is likely to be available in respect of any claim
Damage
Police policy
Police employees must not incur expenditure or any indication or undertaken on behalf of police to rectify damage caused to any property in the execution of a search warrant or power as this preempt any decision as to the payment of compensation.
Where a claim arises or is likely to arise it should be directed by the officer in charge of the incident to the district or national Commando for consideration
While it is not in ticipated their employees will solicit claims for compensation from property owners officers and charge should assist owners and putting their claim forward for consideration if they lack the ability to do so when there is a basis for making such a claim
Securing premises
Premises must never be left unoccupied and insecure after a forced entry as liability for any loss may arise for example if contents are stolen. Offices in charge make every attempt to prevent such loss by insuring the property is made secure without incurring a liability for costs on behalf of police