Tel Aviv Small Claims Court held the State responsible for damages caused by Police officers to an apartment during an attempt to exercise a search warrant.

The plaintiff claimed he woke up in the middle of the night only to find a burglar attempting to break in through his bedroom window.

As the plaintiff tried to shove the alleged burglar – who was later identified as a police officer with a search warrant – out, the PO shut the window and caused damages to plaintiff's finger as well as to the window, the curtains and other belongings.

Police officers testified the plaintiff did not answer the door bell, therefore forcing them to enter the apartment through a bedroom window. As the plaintiff woke up, he refused to provide any means of identification and tried to prevent them from exercising a search warrant.

Finally, the plaintiff identified himself with a passport and only then it was discovered he was not the suspect the police was after.

The Court ruled the police officers failed to try to obtain plaintiff's consent to enter the apartment before breaking in as required by law and ordered the State to compensate the plaintiff for the damages caused. The Court also ruled that due to plaintiff's refusal to identify at first request, the plaintiff's own negligence contributed 25% to the damages caused.

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