Legal Question in Civil Litigation in California
Police opened my front door and entered my home before I even had a chance to get to the door.
They initially knocked on my garage door, where I was, and they walked in to my house through my front door before I could get to the door. It is not like I took too long to get there, this all took place within a minute, which I believe is not enough time for them to decide to walk through my front door.
The police were called by my neighbors for a noise complaint.
The police have been to my house before, and has walked in without my consent.
Their reason for entry when I questioned them was that the door was not locked.
Also they justified themselves because they have had noise complaints before.
Please help me out with this since it is an ongoing problem.
I am willing to pursue this to its fullest extent with your help.
Thank you.
2 Answers from Attorneys
Well the first thing to do is stop being so rude with your noise that the neighbors call the police. The next thing to do is file a complaint with internal affairs or whatever agency handles police complaints in your jurisdiction. Technically you may have a civil rights violation that would entitle you to sue the police, but you don't seem to have any damages, so that would be a waste of time and money, since you would pay far more to an attorney than you would collect and no one will take a case on contingency where there are no damages to collect the contingency fee from.
I'm assuming, since you don't say, that they did not find any contraband and you were not arrested or charged. At this point, based on what you have provided, you have a cause of action for trespass, which seems to be in the amount of $1.00. (See why the courts created, and then extended the exclusionary rule in criminal matters?)
You would have to file a claim, and then sue if it was denied.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
