Prosecutors Drop Criminal Investigation Into Police Raid on Sakiewicz’s Apartment

The Warsaw District Prosecutor’s Office has closed the investigation into the May police intervention at the home of Tomasz Sakiewicz, concluding that officers acted under a justified belief of an emergency.

Legal Justification for the Police Intervention

Warsaw District Prosecutor Piotr Antoni Skiba stated that although police generally lack authority to enter a residence without consent, they acted under the principle of necessity. Officers responded to a false emergency report regarding a life-threatening situation.

The prosecutor clarified that officers do not commit a crime when entering a premises based on a false report, provided they hold a reasonable, albeit mistaken, belief that a direct threat to human life exists.

Nature of the Emergency Response

Investigators found that the officers were responding to an urgent report claiming a child was attempting suicide at the location. The officers operated under significant time pressure and were unaware the alarm was fraudulent.

While the prosecutor identified procedural errors during the intervention, these did not constitute criminal offenses. The findings suggest the actions might only warrant consideration as potential disciplinary infractions.

Conduct of the Residents

The prosecutor criticized the behavior of Sakiewicz and his assistant, noting the assistant’s refusal to provide identification to the uniformed officers. Under Polish law, the officers were not required to present badges, and the patrol commander properly identified himself by rank and name.

The assistant’s refusal to identify herself constitutes an offense, justifying the use of direct coercive measures, including detention and handcuffing, to secure the site and enforce compliance.

Procedural Findings and Next Steps

Although the prosecutor noted that the intervention report was drafted at the station without the assistant’s participation, the document’s validity remains intact as the assistant signed it without objection. The decision to close the investigation is not yet legally final and may be appealed in court.

A separate internal disciplinary proceeding is currently underway at the Metropolitan Police Headquarters to evaluate the professional conduct of the officers involved. A decision regarding the publication of body-camera footage is pending the anonymization of all participants.