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Baltimore City Police Can Raid Homes With Immunity

Reported by: Jeff Hager
Last Update: 6/16/2009 9:15 pm
 

"They were looking for guns, caches of currency, controlled dangerous substances according to informant number..."

Police moved methodically from room-to-room tearing apart virtually everything Corina Amato and Rick Johnson owned, but failed to come up with the marijuana they suspected they’d find inside.

Those who believe they've suffered wrongful damage at the hands of police can turn to City Hall for help, but don’t count on it picking up the bill.

Criminal Defense Attorney Margaret Mead says the city may pay to replace a door, but routinely stiffs the owners of any home it searches whether it turns up anything criminal or not.

"When the government operates with immunity under this kind of action, there is no recourse,” said Mead, “It's like, 'Oh well'.

"If you're searching for drugs or unlawful firearms, these things are not left out in plain view on the living room table," said City Solicitor George Nilson, who claims once a judge has signed off on a warrant, the police can do whatever they deem necessary to search it, "You often will have to do some damage to the premises and we don't... the police department doesn't and we don't pay for those kinds of damages."

"But, arguably, if nothing was found?"

"It may have been the stuff that you're looking for was there three hours earlier, but somebody got it out of harm's way."

Critics suggest it’s a system where suspects are considered to be guilty until proven innocent and where those breaking down the door have more rights than those behind the door of their own home.

In the search warrant for North Fremont Avenue, police made reference to a large dog at the address, but made no effort to call in Animal Control before raiding the home and shooting the animal.

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