LINCOLN, Neb. (AP) - The Lincoln City Council has decided to pay a landlord more than $950 to repair an apartment door police busted through in error.
The Lincoln Journal Star reported that the officers knocked on the door and announced their presence outside the apartment one morning last year. Apartment 2 was what the warrant they were serving said.
They followed procedure and waited 30 seconds before breaking in, guns drawn. It turns out the person inside hadn’t heard them.
It also turns out the warrant was wrong: It should have said Apartment 4. They eventually entered that apartment without incident and served the warrant.
Landlord Russ Pinyan subsequently filed a claim against the city, but officials didn’t want to pay.
Police can’t wait forever before breaking in when such circumstances arise, City Attorney Jeff Kirkpatrick told the council Monday. Evidence could be destroyed before a police search or someone could need emergency medical help.
He also said state law doesn’t require the city to pay.
Councilman Roy Christensen warned his colleagues against approving Pinyan’s request and said it was a decision for a judge.
Councilwoman Jane Raybould disagreed.
“A mistake has been made, but it’s up to us to rectify these mistakes,” she said.
The council voted 5-2 to approve the claim.
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