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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.
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