the police raided my home, tore the place apart, strip-searched me, took pictures of my children and insisted i tell them where my drugs were hidden. problem is, i dont deal drugs! they handcuffed me, treated me like a criminal, embarrassed me in front of my entire neighborhood. the most traumatic thing is they did a cavity search on me.
i have never been in trouble with the law before. now im paranoid thinking every one is watching me even though i am not a criminal.
would i have a case against them in a civil lawsuit? i was served with a search warant, but they were totally wrong about me.
2007-06-30 10:19:26 · 16 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
is it illegal search and seizure if i was served with a warant and nothing was taken?
the most traumatic thing for me was them doing this all in front of my wife and children and taking pictures of them. why would they need to take pictures of my children? also the strip/cavity search. i felt helpless and violated.
2007-06-30 10:26:55 · update #1
I doubt it. They served a search warrant which means they had enough casue to lead a judge to believe you had drugs.
2007-06-30 10:24:45 · answer #1 · answered by hardwoodrods 6 · 1⤊ 1⤋
Yes you can sue, even if they have a warrant you are protectes agins "unreasonable searches and seizures":
The Fourth Amendment to the United States Constitution ensures citizens' right to "be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures …" The amendment goes on to set forth the conditions under which a warrant may be issued: "no warrant shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
http://en.wikipedia.org/wiki/Search_and_seizure
For the strip search they needed first to arrest you and second to prove "a reasonable suspicion that the arrestee is in possession of weapons or other contraband before a strip search can be conducted" They cannot just strip you because they say so.
Get a lawyer, a warrant doesn't give them inmunity if they made a mistake. Many other cases like this have been won in court.
2007-06-30 17:58:09 · answer #2 · answered by ? 7 · 0⤊ 1⤋
Artman is wrong. The warrant, by definition, means a Judge has already decided the search is NOT unreasonable.
No, you can't sue a police officer for acting on a warrant.
2007-06-30 19:04:28 · answer #3 · answered by STEVEN F 7 · 0⤊ 0⤋
If they served you with a warrant, it was signed by a judge. That judge will have the evidence they presented to get that warrant. You may be able to find out who put them on to you or at least get the judge to question how the police got your name. That's about all you can do if the search was under a signed search warrant.
2007-06-30 17:28:01 · answer #4 · answered by Anonymous · 0⤊ 1⤋
Doubtful, unless you can find a flaw in the search warrant and prove that it was done purposely in order to obtain the search warrant. Good luck, there are sovereign immunity problems so if any court finds the police acted in "good faith" you are SOL!
2007-06-30 17:56:52 · answer #5 · answered by Monk 4 · 0⤊ 0⤋
Nope.
They had a warrant.
Check the copy, though, and make sure they were at the right address (it's comical how often they're at the wrong place or have the wrong person [i.e. somebody with the same name]). If they were at the wrong spot, or they violated the terms of the warrant then you can file an action against them.
2007-06-30 17:24:45 · answer #6 · answered by Mr. Samsa 5 · 0⤊ 1⤋
You can sue for anything, but Police only need probable cause, especially if they have evidence to present in court. However if the evidence does not hold water....you may have a case.
You need to contact a lawyer not a public forum.
2007-06-30 17:28:00 · answer #7 · answered by jimmyd 4 · 1⤊ 0⤋
A cavity search? Your dignity has been lost. It would feel like being raped, both physically and emotionally. Let me guess, the cops just wanted to raid all your Ben&Jerry's icecream from your freezer. Figures.
With the comment of this happening in front of your wife, If my kids and wife saw me getting cavity searched by the cops, then I would probably kill myself. I would see a garage and CO pump from the exhaust to the cab in no time.
Cop to you "Spread them, buster. Oink oink. "
2007-06-30 17:27:06 · answer #8 · answered by Anonymous · 0⤊ 1⤋
if you are saying the strip search was done in front of everyone you are not telling the truth.if they had the search warrant they had the right to come in and search.many search warrants reveal nothing
2007-07-01 03:31:01 · answer #9 · answered by charlsyeh 7 · 0⤊ 0⤋
If they had a warrant they can search you.Just cause they didn't find anything doesn't mean that you can sue.They don't target innocent people,so you must have done something.
2007-06-30 17:29:53 · answer #10 · answered by doublewide420 2 · 0⤊ 1⤋