Legal Question in Criminal Law in California

Do we have a case?

The local police entered my mothers house with the excuse that they thought the house was being burglarized. Upon entering my brother was asleep in his room. They handcuffed him and searched his pockets. His friends were standing outside waiting for him to wake up. No one was seen leaving the house with any items. They then secured a search warrant. We believe they entered the house illegally. And are using the ''I belive the house was being burglarized'' as their way to enter. Can we sue them?


Asked on 2/04/09, 11:39 pm

1 Answer from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Do we have a case?

The illegal search can certainly be used to fight and dismiss any charges, if any have been filed against your brother or anyone.

As far as a civil lawsuit for money damages is concerned, it is probably not worth your while if there has been no or little damage to your property.

I would consider filing an administrative complaint with the Police Department and Police Commission. This could prove to be damaging to the careers of the officers involved. For example, the complaint would become part of their personnel files and could be used against them whenever they testify in court.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 2/05/09, 8:35 pm


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