Legal Question in Civil Litigation in California
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Ii got off parole on 3/4/2010. On 3/9/2010 at 2'30 a.m. the Secret Service and sheriff were at my door waking me to do a parole search. I told them I was told by my parole officer that I was off parole and they ignored me telling the sherrif to take me around to the front patio and hold me there. My room is in the back yard it is independant from the house. I sat there in the cold for several hours. I was told that someone was pulled over earlier and 1000.00 in counterfeit money was found on the driver. They started searching and then they came to where I was being held and told me they had just found fake money in my room. I wasnt unaware it was there hidden in a box of resume paper..Someeone who comes over to my house had left the box about a week before and i thought it was just a box of paper. They told me the person had pointed a finger at me saying they bought it from me. They then told me to sign a paper giving them permission to search. I refused.They had already searched my room illegally. They tried that with the rest of the family and everyone refused. They searched my brother in laws room because he was on parole and took his computer and printer. I was arrested and charged with making the money. what they found was 6-8 sheets of one sided money. three bills on each, one sided and blank on the other, when I was taken out-side I saw the guy who left the box there in a squad car. I bailed out twelve hours later. My family didnt know exactly what was going on and mistakenly bailed us both out. Each of our bails were 2000.00 cash. I went to court and there were no charges filed as of yet. I think my 4th amend rights have been violated. I have proof from the parole dept that I wasnt on parole as the secret service said i also have a card that the parole dept mailed me telling me i was off and the envelope it arrived in . If they found it during the search of my purse they didnt say anything tto me.Maybe that why they pulled out consent forms. In the course of their search they may have stumbled across the discharge card in my wallet and realized I wasnt lying to them. They knocked a shelf off the wall breaking all but one of a collection of Hummels the t was left to me by my deceased mother in law two years ago.. It was clear that morning that what started out as a patrol stop from the OCSD turned into a Secret Service issue because the whole time I was being detained the Secret Service was running the show. The sheriff helped them detain and search but every decision that was made was by the Secret Service. DoIi have a case against the sherrif and the secret service?
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1 Answer from Attorneys
Yes, it sounds like you have a case, but I'm not sure what it's worth, maybe not much. It doesn't sound like you have much in the way of damages. The warrentless search is probably useless in a criminal case, but that's not may area of the law.
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