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Legal experts react to Kalamazoo standoff that destroys home

Did the police have that right in the first place? Criminal defense attorney Sarissa Montague says it depends.

KALAMAZOO, Mich. — Police say the owner of the home that was demolished during the standoff had no known ties to the suspect involved. So, now that his house is destroyed, who is at fault and what can he do about it?

"He's got a right to be upset," says Mark Dotson, a law professor at Cooley Law School. "But that doesn't mean he's got a legal right to be able to recover."

So how does this homeowner rebuild from here, with his home destroyed by police? Did the police have that right in the first place? 

Levine and Levine criminal defense attorney Sarissa Montague says it depends.

"It's an objective standard," says Montague. "Was it objectively reasonable? Maybe depending on the circumstance."

Montague calls these exigent circumstances.

Police say gunfire was involved in the standoff, potentially putting officers in danger. Does that make the decision to bulldoze the home justifiable?

"That certainly could be one of the circumstances where police could enter a home without a warrant," she explains.

So who is liable for compensating the homeowner? Dotson says it could lie in a couple places.

With the city, or with the suspect himself even though he died.

"If he's got insurance, whoever's got the money, absolutely," says Dotson.

Dotson says the homeowner's best move is to immediately file an insurance claim.

"I would think, in this circumstance, typical homeowner's insurance would cover this kind of incident," he says.

Appealing to the city may help cover costs, as well.

"This is one where you've got to kind of hope they say, 'ok, we're going to take care of you even though we don't have to,'" says Dotson.

RELATED VIDEO: 2 officers placed on administrative leave after suspect dies in Kalamazoo standoff

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