Can I sue the police department for arresting me in my home without a warrant?

Question

I have been falsely arrested three times, once in public and twice in my home. All three times there was no warrant and twice it happened in my home without a warrant. Charges were never filed and I had to stay over night in jail. Should I sue and, if so, for how much?

I wasn't drunk or drinking and I didn't do anything wrong. I was at home. the police came to the door. They asked me to step outside and I said, "not without a warrant". Then they arrested me and took me to jail. My ex-wife to be said that I called her when I didn't. There was no proof and I didn't let the police in. I even provided proof that I didn't call her.

This is honestly how it happened. What should I do?

OK. the proof was the fact that I don't have long distance and she said my name and number were on her caller ID. I used to think the same way some of you do; that the police would never do something like this or there had to be a good reason. Well there wasn't and it happened and I hope to God that it doesn't happen to you.

Answer 1

Does your wife have a protective order or restraining order filed against you? If so, you can be arrested for simply placing a phone call to her.
And no, they don't need a warrant for that.

Answer 2

First, yes you can sue. The fact is you can sue for just about anything. There are thousands or attorneys just waiting for a client. Whether you have a valid suit is a whole other thing. And suing isn't the thing you really want. What you want is to sue and win. Much much harder to do. [FYI a civil suit takes 2-5 yrs to get through court so think it over real hard before filing until you are ready to invest big $$$ & lots of time.]
What were the charges you were arrested on?
Have you requested a copy of the report?
Are you under the assumption that the arrests were false arrests because no charges were filed? Bad assumption. More likely the district attorney did not file charges because a) it was too petty to invest tax dollars on prosecuting, or b) he didn't think sufficient evidence existed to win the case, or c) even if you were prosecuted & found guilty, the judge would give you credit for time served & no more.

Answer 3

You need to give more information for an accurate answer. Generally speaking, you cannot be arrested without a warrant inside your home (4th Amendment). However, if they are already in your home legally, someone else who lives there gives them consent, or they have a warrant, they may arrest you. Keep in mind, if they have a warrant that is done before your case goes to the DA, they may not even tell you the arrest is pursuant to a warrant. They'll just arrest you on the charges. So, either knock off whatever you're doing to keep getting arrested, or expect more time in jail!

Answer 4

How did you provide proof you didn't call someone?

I was sitting at home yesterday watching Sesame Street with my son. The police pulled up and kicked my door down and took me to jail. I hate it when that happens. I asked them what I was charged with and they would not tell me. God I hate it when that happens.

You should sue for about three fifty.

Okay,
If the police have probable cause to believe you commited a crime then they can arrest you. If the judge throws it out or the charges are later dismissed it doesn't mean you can just sue the police for arresting you.

If you are in your home the Police have probable cause to believe you committed a crime and reason to believe that you are home (since they were talking to you I would say it was safe to say they knew you were there) in order to enter your home and arrest you. See United States v. Bervaldi.

Answer 5

Have to concur with the above poster. The statistical probability that this would occur without jsut cause in unimaginable. If the same thing keeps happening to you at various points at various reason, it mean the problem is YOU not them.

Police can arrest you without a warrant if the is probably cause, a complaint by another party such as excessive noise, disorderly conduct or domestic disturbance.

My guess is you live in a smaller community that can get by without filing formal charges and you were intoxicated or otherwise found in a diminished capacity and taken to jail to "sleep it off" and then released. Count it as a gift and straighten up your act...they may not be so generous the next time.

Answer 6

Thats not really enough to go on. Why were the police in your home? Who let them in? The police can't enter someones home unless
1. They have a warrant.
2. they have probable cause (believe a crime is in progress)
3. Are invited inside.
If the answer is 2 or 3 and you were committing a crime or threatening to commit a crime then they can certainly arrest you without a warrant.

Answer 7

I know personally, if a cop breaks into your home without a warrant, his *** is grass! Explanation! this is a good one! Was given a TIP by a felon who was at that very moment being arrested for drug possesion! He figured if he took the heat off himself, they would forget all about him and make his getaway!!! Didn't work!! And the cops had to pay for the damage!

Answer 8

The Police didn't need a warrent. The arrest was made on the complaint of another. If you NEED to sue someone, sue your ex-wife. She apparently made the complaint and then withdrew it. She is using the Police to harass you. Police MUST react to a complaint of a crime. That is their job.

Answer 9

Be an smartass, u can't win the government doggies by sueing. lol..

Did u know our Singapore government doggies alway access my gf HDB's apartment to spy my stuff and stole my creation to earn a living without a warrant too?

My computer tells me at all times.

Answer 10

It all comes down to probable cause. If they have probable cause they can search without warrant, but if not, they shouldn't be able to.

I'd talk to a lawyer if you're seriously interested in taking them to court. They'll be the only ones who will be able to accurately size up the case and your probability of winning.