Liability after police inaction | Legal Aid Centre

Questioner

During a week of winter sports, the police entered my home because I accidentally left my light on (this was reported by the neighbours). The police acted out of 'medical necessity' and were under the impression that I was dead in my house. In my opinion, there was no investigation (no phone call, no inquiries with the neighbours). The locksmith employed by the police drilled out my lock and installed a new one. When I got home from my vacation I saw that the door was locked with a different lock. Now I get a bill from the locksmith for 155 euros (!). This is for the account of the resident, as can be read on the invoice. However, I refuse to pay this bill. Am I within my rights? Who is liable? Or is the bill for the landlord? Or can I recover the costs from the police?

Lawyer

The legal framework here is the unlawful act of government. The police initially acted lawfully, as the entry had a valid reason. However, it turned out that the reason was incorrect. The police should also have obtained more information before entering the house. The police have given the locksmith the order. I advise you to send this bill, together with a registered letter to the mayor as head of the police and ask him to reimburse these costs as part of compensation for damages.

Questioner

Thanks for your answer. Unfortunately I have little confidence that anything will actually be done with this. Of course I will try.