My home was raided by police, can i sue?
Topic: Civil case search
May 22, 2019 / By Ashtaroth Question:
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.
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.
Best Answers: My home was raided by police, can i sue?
Zophai | 7 days ago
I doubt it. They served a search warrant which means they had enough casue to lead a judge to believe you had drugs.
👍 102 | 👎 7
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Originally Answered: House raided, again?
hello, you have too do your own investigation! you start by doing everything the police would do when going after your cousin/aunts house. and that is documenting the date/time of the incident that you are complaining about. in this case you are sick of the bs from cops breaking in and raiding your house! for a 10yr old? THATS INSANE! as a former law enforcement/mp military and crim justice grad i can tell you plenty about police procedure. and from the start of this one it sounds like 2 things, the 10yr old kid is a hell raiser and the cops are over zealous bordering psychos! first of all take a pen and write down basic things, the date n time of your complaint! ie. 2 dates the police raided the house etc.. then write down exactly what occurred ie. they handcuffed her son or they searched the house/what property was damaged such as the front door/the lock/ the couch cushions/the closet door ripped open etc.. whatever the cops damaged! write it down, all of the various stuff ie. glass table, a video game machine was stepped on whatever... then call around too stores or look up the value of ea item that was damaged. see heres the thing, the police dept is an extension of local government and they operate on one thing PAPERWORK! PAPERWORK! they send paperwork ie. your complaint as proof or use it as what was alleged by you or your family. also, write down what started first, did the police announce theyre presence when they broke in? or did they just break down the door? remember that police have too follow strict policy and procedure when entering someones house as this is a private dwelling etc.. they cant just break in! well they can if the crime is a serious one like a person with a gun etc.. the key is too remember the little stuff here, did the police show you or anyone a warrant? did they state why they were there? did they pull weapons? they were abusive? what was said that was abusive? right everything down! and stress too the police when you go in too see theyre supervisors that nothing was found! the accusations are false or if the kid was wrong did it really require someone breaking in too raid the house? i mean cmon here a 10yr old kid can be a smartass or a theif or assault other kids but damn he didnt have a meth lab brewing up in theyre! and the FBI wasnt on a manhunt lookin for this kid! what the hell did he do that was so serious too require this and was it justified by police procedure! youll have too take your paperwork ie. list of events and damaged items too the police dept etc... also you can shoot a video or take pics of the damaged stuff and use it later too make your argument solid. so when you go in the police dept too make your complaint you should ask too see a supervisor! and watch out cuz ALL COPS STICK TOGETHER! so you may have some cop on the desk realize that your making a complaint against another cop and he may pick your brain and ask what happened, hes playing the good cop routine and then he ll turn around and get on the phone and tell the other cop of the complaint/ not good! so keep your lips sealed in the station until you see the cheif of police or the supervisor on duty etc... then from this point you should pull out your paperwork and tell em you want too file a formal complaint. the supervisor will give you a standard officer complaint form etc.. this is where the dates of when this went down is important and the names of the officers your complaining about. if you dont have the names they can look at the duty roster for that night and figure out who it was etc... then tell the supervisor in detail what went down etc... you have too be very detailed and dont go off the subject or daydream just tell it very black n white man...be very direct and dont take any bullshit on this as you have too let them know you mean business and you want the police harrassment stopped. tell them exactly from beginning too end what happened! tell them ie you or you aunt whoever was present etc... that the cops came bustin through the door cuz they smelled doughnuts lol.. no dont say that but say sir out of nowhere these crazed cops scared the hell out of ya n came roarin in etc.. tell them you only wanted basic information as too what they were looking for and why they were theyre and they were rude n loud etc.. tell them what went down! be detailed and tell em this has happened 2x in 2 mos! thats insane! and tell em what the crime was or what he was accussed of and ask them if thats the police policy too raid the house based on the nature of the crime he was accussed of? obviously the cops wouldnt be justified if they broke down the door if your cousin stole a candy bar at the corner store etc... so make sure theyre policy matches the seriousness of what the kid was accussed of etc... the key issues will be did the officers break theyre own policy on what is considered reasonable too break in house? and did the officers break policy on how they communicated too the people in the hou
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."
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.
👍 30 | 👎 3
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.
👍 24 | 👎 -1
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.
👍 18 | 👎 -5
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!
👍 12 | 👎 -9
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.
👍 6 | 👎 -13
Originally Answered: Should I sue my home improvement contractor or report him to the police?
Take him to small claims court.
If you have Construction Board in your city, make sure they hear about it, and the BBB.
Three years ago? They won't do anything that long, after a year you should have complained about it then, why did you take so long?
Did you hire someone who is not licensed, bonded and insured? Did you found him on Craigslist?
When I hire someone, no matter how small or large the job, I'm always home to monitor everything, and I always find something they shouldn't be doing. I'm like a foreman, supervisor, architect, and boss, even though they are the owner of the company.