What to do if law enforcement damages your property during investigation

MONROE, N.C. — A homeowner says police damaged her home and SUV searching for an attempted murder suspect and now she’s left with covering the repairs.

Monroe police were looking for Damien Smith and said they got a tip he was hiding in a house on McIntyre Street.

The homeowner, Ashley Rivers, acknowledges she knows the suspect and even saw him recently. “Just a friend. Somebody that I grew up with basically,” she said.

Officers say they drove by and thought they saw Smith at the house, so they got a search warrant. They say due to “Smith’s known violent history,” they “shot tear gas into the home.”

Canisters were still in the yard three weeks later.

“The tear gas was so thick, we had to throw away our furniture, our kids’ beds. Glass all in our kids’ mattresses and everything,” Rivers said.

She says police broke windows on her house and SUV and that they left other damage as well. “I’m traumatized, that’s how I feel. I feel traumatized,” she said.

Smith wasn’t at the house and officers say they arrested him later that day in Indian Trail. They say he told them he had been at Rivers’ home when officers arrived but escaped.

Rivers is not accused of any crime. “I’m not a fugitive,” she said. “I’m innocent.”

Even so, she realizes police were looking for a wanted suspect, but she doesn’t think she should have to pay for the damage.

She says she’s in the process of filing a claim with the City of Monroe. Action 9′s Jason Stoogenke asked city officials if they’ll pick up the tab. They didn’t respond to that question in time for this report.

If this happens to you:

- Take photos/video of the damage.

- See if your neighbors have security camera footage of the actual law enforcement activity.

- Ask an officer on the scene for contact information if possible.

- Ask for the police report, search warrant, and other paperwork associated with the case.

What to know:

- If law enforcement officers damage your property while carrying out their official duties, the government may not have to pay you.

- You can still file a claim with the jurisdiction the officers work for.

- If that doesn’t work, your insurance may cover the damage. Ashley Rivers says she didn’t have insurance at the time.

- You may want to talk to a lawyer, but these can be hard cases to win.

- Ultimately, if the defendant is found guilty, he or she may owe you restitution. But that can take a long time and don’t count on him/her being able to pay.

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