Legal Question in Criminal Law in California

Wrongful search warrant -can civil action be taken?

A search warrant was carried out upon my legal duplex and subsequently my tenant had her door kicked in and was held at gunpoint for some time; she explained that it was a seperate unit with no avail. Nothing was found in her apartment. Is there any civil recourse for the P.D.s action? Would the case be an acceptable %of award payment type case?


Asked on 8/13/02, 10:22 am

1 Answer from Attorneys
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Re: Wrongful search warrant -can civil action be taken?

Yes there is recourse. However, these types of cases are not criminal cases, but constitutional cases. You are addressing the wrong forum. Also lawsuits against city or county police departments are very expensive and difficult. No charges were apparently filed in the case. If there was a warrant, the police probably had cause to enter. Maybe a Pitchess motion, but that will not return any monetary benefits. It is hard to assess with so little information. Try for a pro bono attorney.

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Answered on 8/13/02, 10:21 pm


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