Chief’s Counsel: Civil Rights Liability for Damaging Property during Warrant Executions

Courts recognize that in executing a warrant, officers must, on occasion, damage property in order to perform their duties.1 In fact, some amount of damage is almost expected when executing a “no-knock” warrant. Even the U.S. Supreme Court noted that a reasonable suspicion of exigent circumstances warrants a no-knock entry by police officers to execute a search warrant, even if forced entry is required, which may result in damages to the premises.2 However, if the amount of damage to a target’s property is excessive or results from malicious intent, constitutional and other claims may arise.