they came to my house tore up my stairs went through my things when iasked to see the warrent they told me they had it but to call the clerk of thje circuit court. they called my all types of names such as they thought i was a nice girl but they said i am a stupit b! they atleast called my house about 100 times asking the same questions i dont know where he is what can i do?
2006-11-28 02:37:15 · 8 answers · asked by cicergirl 1 in Politics & Government ➔ Law & Ethics
stop breaking the law maybe?
2006-11-28 02:38:33 · answer #1 · answered by robertbdiver 3 · 0⤊ 1⤋
The last poster was right. If the police enter your house knowingly without a warrant, you can file a civil action against them for violation of civil rights under color of law (called a "1983" suit, named after the particular statute, 42 U.S.C. 1983). Of course, you'll want to consult a lawyer to determine whether this is appropriate in these circumstances.
Also, you do not have to talk to police, and you do not have to let them in unless and until they present you with a warrant (unless there are exigent circumstances like a guy with a gun runs into your house). Any time they're doing something that you don't consent to, do not do anything to obstruct them, but merely say repeatedly, "I do not consent to this ____ [questioning, search, etc.]" Consult a lawyer--in these cases, a plaintiff's lawyer will often not charge an initial consultation fee and may take your case on "contingency," where you don't have to pay fees unless you win.
Also, you said "I don't know where he is." I'm assuming that this means that there's a guy that the police are looking for. Be very careful here, as you may not have to do a whole lot to get charged for "aiding and abetting" or "conspiracy" related to the same charges as the guy. This is something you'll want to talk to with your lawyer so that the police don't charge you with these incoate crimes in an attempt to get you to cooperate.
Good luck.
2006-11-28 02:55:15 · answer #2 · answered by Perdendosi 7 · 0⤊ 0⤋
the first thing you must do is get an attorney...the powers that be bank on the fact that most ppl will not spend money or attempt an effort to question them in any way. If you cannot afford an attorney, call your local, state and federal representatives in government and explain your situation and ask them for help...Be honest!...most ppl can tell if you're full of ****. Government officials , including local police do not have the right to harass you in your own home but, they do it on a regular basis. The only way to fight this tyranny is to do your research, make the necessary phone calls and fight for your rights. I hope you find Justice, please dont let a little uncomfortable work deter you from getting what you deserve.
2006-11-28 02:46:14 · answer #3 · answered by Ray H 2 · 0⤊ 0⤋
In the USA, unless a crime has been committed, the police cannot enter your house without a search warrant. They must present the search warrant to you before entering. Call your lawyer.
2006-11-28 02:40:15 · answer #4 · answered by kja63 7 · 1⤊ 0⤋
Learn the phrase "Sir I am not resisting, but I do not consent to any searches".
For more information I recommend Flex Your Rights:
www.flexyourrights.org
2006-11-28 02:40:58 · answer #5 · answered by Mark P 5 · 0⤊ 0⤋
You need to find a lawyer who will sue the police department..
2006-11-28 02:44:58 · answer #6 · answered by Anonymous · 1⤊ 0⤋
file a complaint, talk to a lawyer
2006-11-28 02:39:45 · answer #7 · answered by Leela13 3 · 0⤊ 0⤋
BE CAREFUL WHO YOU LET INTO YOUR HOME. OR THE POLICE WILL SHOW UP.
2006-11-28 02:40:20 · answer #8 · answered by Anonymous · 0⤊ 0⤋