Legal Question in Criminal Law in California

Illegal home search

I mistakenly dialed 911 and told the operator it was a misdial. The operator questioned me believing there was someone else in the house. I told the operator again, it was a misdial. The operator called the house back again an hour later where I indicated it was a misdial again. An hour after that, 3 police officers showed up at my door stating I lied to the operator believing there was a woman in the house and they requested to search the house. I did not agree to the search. I told them 3 times I do not authorize the search. They told me I didn�t have a choice and they just walked in and searched my house. I did not resist but kept repeatedly telling them to leave and that I do not authorize them entering my house. I took all of their names. I would like to know if this is an illegal search and how I can take action against the police department for invading my privacy.

Thank you.


Asked on 11/21/06, 10:06 pm

2 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Illegal home search

The ususal remedy for an illegal search is exclusion of evidence.

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Answered on 11/22/06, 1:40 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Illegal home search

I don't think you will get very far with such a claim. Intruders do sometimes intimidate people after they dial 9-1-1 but before they explain themselves, and when this happens the callers often make up excuses in order to placate the intruder. Such things also happen in domestic violence cases. The police should not have to worry about being sued for investigating such a call.

That two hours passed between your call and the arrival of the officers suggests that they really didn't think there was much of an emergency. But in order to win you would have to prove that the officers' actions were unreasonable, which would be hard to do given that you really did call 911.

Even if you had a viable legal theory I don't see any basis for substantial damages. Nothing you have said suggests that the officers damaged your property, injured your or your family, or caused any significant emotional distress.

The officers' actions were probably reasonable under the circumstances and you seem not to have suffered any significant harm. Unless there is more to the story I can't recommend suing over this.

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Answered on 11/21/06, 11:56 pm


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