Legal Question in Legal Ethics in California

My boyfriend dropped me off at work (in my vehicle) and was approached by police officers who asked to search the car. My boyfriend, greg (name has been changed), a parolee who has complied with all requirements and regular drug testing, allowed the search. Greg was released from an 8 mo. (releasd 4/20/2011) term due to possesssion and has a prior history of sales charges. Since his release he is a full-time student with, has a part-time job, and has remained sober. The police found NO narcotics inside the car and asked to search his residence, which is a room he rents at my parents house. Therefore, the police entered MY place of employment, removed me from my job so i could let them inside my house. The officer told my manager that it is possible narcotics are in my house, however none were found (because there was no narcotics to begin with). I lost 1 hr. of pay due to my absence and my manager has yet to decide if i am going to recieve a suspension or be fired. Do i have any rights to file a complaint against the officers for defamation of character for telling my employer that i may possess narcotics and telling my parents there may be narcotics inside my house? I am now a suspected drug user when in reaity, I am a college student graduating with a BA in psychology, work 20-30 hours a week at a part time job, and have never been in trouble with the law before.


Asked on 5/14/12, 12:36 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You could file a complaint, but first you would have to file a claim. A lawsuit for defamation would require a showing of damages, which may not have, other than what you speculate everyone thinks about you. Lawsuits for defamation are subject to SLAPP motions at the outset, which means you need to be prepared to prove your entire case at the outset.

The best thing you can do is file a complaint with the police department about the officers statements.

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Answered on 6/07/12, 5:53 pm


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