Legal Question in Civil Litigation in California
last month, me and my friend were constantly betting jordan shoes over a video game we would play. he had won 19 pairs of my shoes worth over $3500 and the last day we played i had won all of my 19 shoes back but the problem has been that he has not given them back to me and it has been over a month now. the week after i had won them and he told me wasnt giving them back, i stole his license plates from his car, thinking he would bring the shoes back and i would give his plates back. However, his uncle is a cop and he arrived to my dorm room with another officer. When i tried to explain the situation and asked what i could do to get my stuff back the other officer was giving the information but his uncle kept on cutting me off and was clearly taking his newphews side. He told me to just give the license plates back and he would not report anything, stupid me did because i have never been confronted by a cop before and did not know what to do so i just gave them back. However i have been doing a little research and it appears that it would be pointless to file a case to my friend because bets are illegal in the first place...is that right? Also, i have been thinking, can i file a case against his uncle for arriving to my dorm room without a warrent? because when i told the whole story to a officer at the station, his jaw literally dropped when i told him that a cop came to my room and just asked for the plates back and he said that police officers are not suppose to be doing family favors like that.
so how do u think i should handle this? i would greatly appreciate any advice. thanks in advance
1 Answer from Attorneys
You're right that bets are not enforceable in court. And you're lucky the officer didn't arrest you, since stealing license plates is a crime and since you not only confessed but evidently handed over the evidence.
You cannot successfully sue your friend's uncle, since he didn't violate any of your rights. Civilians do not need warrants. And although police often need warrants to enter private property without permission, they do not need one if all they do is have a conversation at the front door or if they are let in with permission. You have not said the officer entered your dorm room at all, much less that he did so against your wishes.