Is law enforcement responsible for damages made by a search warrant? Why do police use a battering ram without first checking the doorknob on a low threat warrant? What if a small child was on the other side of the door and got seriously injured by the battering ram? The door and frame is likely to be damaged and may cost hundreds of dollars to replace but there is a small chance someone could also get injured. I have seen where the landlord will let police in with a search warrant with 0 damage but in other cases they can devastate the house breaking and rummaging with a near 0 regard the property and tenants personal items. Can the landlord sue for damages? Are police above criminal law for destruction of property in this matter when they don't at least try the unlocked door? I understand that some damages in court could be argued as previous damage or damages needed for entry but what if you can prove it was intentional and unwarranted with no reason?
The police officers themselves are covered by Qualified Immunity - to put it briefly, a government official acting in their official capacity in a discretionary act (as in, they have some discretion in whether/how they carry out the act) is immune from suit so long as they pay reasonable deference to relevant law. In the case of the police, so long as the search or seizure itself is reasonable (either because there is a warrant, or because they had probable cause), they can take appropriately destructive measures to carry out their duty. Even if the search or seizure is later found to have been unreasonable, an officer may still have Qualified Immunity unless their action violated "clearly established statutory or constitutional rights of which reasonable person would have known" (Harlow v. Fitzgerald). However, a search/seizure doesn't give the police license for arbitrary destruction, whatever they do has to be reasonably pursuant to the legal search/seizure. For example, if a suspect is barricaded in a house with a gun, they can knock down doors, windows and walls to apprehend them. On the other hand, that does not mean the officers can then break open safes to try and find evidence - once their probable cause for the entry is fulfilled (apprehending the suspect), they need to get a warrant to do more than a plain sight search of the house. Warrants will specify what items are being searched for, so even with a warrant the police have to take reasonable measures to carry it out - an example of an unreasonable measure would be to tear into walls in order to try and find a stolen bicycle. On the other hand, tearing into walls could be justified if their warrant included searching for drugs from a dealer, where it is not uncommon to hide them in the walls. States and the Federal Government enjoy Sovereign Immunity from suits in most cases. There are some exceptions, but none would apply in this case so long as the general policy of the police department was not illegal or unconstitutional. However, county and city governments do not enjoy Sovereign Immunity and state governments and the Federal Government often allow suits against them for negligence from their actors, so someone injured by unreasonable police action can usually try to recover damages from the officer's department.
Your rights notwithstanding, the government has the power to do such things under appropriate circumstances. First, you would have to be in violation of some ordinance, for instance in Columbus OH you are a violator if the grass is over 12". This should generate a notice informing you what the issue is and giving a deadline for remedy. If you don't comply by the deadline, they are then empowered to send out guys with tools, and the city will bill you for the work. You could call them and ask what the deal is. They might say "We put the notice on your gate", or "we mailed it to you". From a legal POV, the onus is on them to be sure that you're notified. It would be a good idea to verify that this isn't a scam. [Addendum] Bryan TX kindly provides a video about code enforcement, and gives a link where you can go directly to the section of interest (starting 0:43). Your description of the situation is at variance with what they say is the law (12"; 7 day advance notice whereafter they will correct the violation. They also say no notice is required for second violation within a year; $100 administration fee added to costs; lien will be placed on property if unpaid). I assume that your back yard is publicly visible: they recognize that "when the area observed is plainly visible, from a vantage point where the Code Officer has the right to be there, there is no reasonable expectation of privacy". That could include visible from a neighbor's property if the inspector has permission from the neighbor to be there. Otherwise, there's a simmering 4th Amendment problem (assuming that they didn't get a search warrant).
a gutter cleaner drops a leaflet with phone number, and as my gutters needed to be cleaned I called him, we met and I gave him a deposit for the work in cash. The gutter cleaner put everything in writing at the back of the leaflet and signed it. In other words, you have a written contract which you fulfilled but the other party did not fulfill, so they now either owe you a service or your money back. This is a civil law matter which you can bring to a county court. You have a telephone number, so it should be possible to identify the other party. lure him into a trap. But then- how do I turn him into the police and keep everything legal? Was thinking of using pepper spray, but I live in Newcastle, and it's illegal to use it in the UK. Any ideas? This is a very bad idea! Apprehending suspects is the job of the police, not yours. Well, there is the concept of a citizen's arrest, but this is only an option in a very limited number of cases, specifically when you catch a criminal in the act and need to prevent the suspect from getting away before the police arrives. And even then you are on very shaky legal ground if the suspect claims you used more force than necessary or if the court doubts that a citizen's arrest was necessary in this particular case. And in this case a court probably won't believe that a citizen's arrest is justified, because the gutter cleaner probably didn't even commit a crime. They just violated a contract. That's a civil matter, not a criminal matter. It might be a criminal matter if they never intended to fulfill the contract (fraud), but you don't know that. If you use violence on a person just because they owe you money, you are very likely committing a crime yourself.
Seeking out every person with a warrant would take more staff-time and resources than many areas can afford. As such, only the most serious warrants are actively sought out. Others are either passively tracked (officers have a description or image, so that during normal duties, they would recognise such persons) or only heeded if a check of a person already detained shows one (of the warrant is very minor). As well as this, many of the people with "mid-range" warrants will make efforts to avoid police, such as by moving frequently; not reporting address details; staying with various friends or family, at their homes or businesses; being mobile as much as possible in public areas where few law enforcement personnel are likely to be present, let alone likely to recognise them as subject to outstanding warrants.
The IRS Criminal Investigation division is typically going to be the arresting agency, assuming that (1) the offense is treated as a criminal matter; (2) a warrant is actually issued; and (3) anyone actually sets out specifically to serve the warrant. It is usually the case, though, that the violation is handled as a civil matter. When it is treated as a criminal violation, the defendant and the Service often reach an agreement that eliminates the need for an arrest. If there is a warrant, though, any police agency could theoretically make the arrest if they happened across the defendant. But if it's a time-sensitive investigation -- if the defendant is expected to flee or destroy evidence, for example -- it's a safer bet that you'll see an actual warrant execution. In that case, you would have CI taking the lead, perhaps with assistance from other agencies.
The 5th amendment protects you from self-incrimination. If by possessing a firearm you are in violation of the law you cannot be compelled by law to reveal this information. If the police discover you have a gun in violation of the law you can be arrested and prosecuted for that offense. They cannot additionally prosecute you for not telling them about a gun. I thought there was a supreme court case about this specific situation, but the closest I can find for now is Haynes v. United States. The 7-1 majority held that people prohibited from possessing firearms cannot be compelled to register their firearms that they are possessing illegally. They are stopped by the police and asked this question. They answer truthfully. Then they can be arrested and prosecuted for the illegal possession of the gun. How does this square with the right not to self-incriminate? Or is asking the question considered to be a search? Police can generally ask whatever they want. If you choose to waive your 5th amendment rights, that's your mistake. Can the state prosecute this person for carrying the illegal weapon? The state can generally prosecute crimes it knows about. So yes, in this case they can. Suppose that next to the weapon a stash of illegal drugs is discovered, which was only found due to the action taken to secure the weapon. Can the state prosecute for that? The state can generally prosecute additional crimes it uncovers during investigations or other lawful actions. So yes, this can be prosecuted.
Usual disclaimer: I'm not a lawyer. If you are serious about proceeding with this, talk to a lawyer who specialises in this kind of thing. I imagine that you will need to provide proof of the above incidents in order for any legal action to succeed. Accessing a tenant's room without notice or permission, and without a very good reason (e.g. a gas leak) is likely to be classed as harassment; specifically, "acts calculated to interfere with the peace or comfort of the residential occupier". Renting out your room and removing your belongings before the end of a tenancy is likely to be illegal eviction. Both of these are criminal offences under the Protection from Eviction Act 1977. Shelter mentions that it's normally local authorities, rather than the police or individuals, who carry out prosecutions under this act (see also: Shelter articles, Landlord Law Blog articles), so you might want to start there. There is also the matter of civil action, including for breach of contract. For that, consider speaking to a lawyer.
This helpful video gives the answer, and it's no, you don't have to open your door unless they have a warrant. If you've committed an indictable offence (those considered most serious, such as murder, manslaughter, causing really serious harm (injury) and robbery) they have the power to enter without a warrant (see 17 b of the PACE Act). In the case I saw there was no indictable offence and so the lady didn't (shouldn't!) have opened her door. You can speak to them through a closed door or window and if they try to break in it is they that are breaking the law.