Legal Question in Personal Injury in California

Right to enter home and detain homeowner

My husband was in our new home when a neighbor called the police to state that the home was possibly abandoned because the front door had been left open for ventilation and the car was parked in the garage. The police showed up at our home, entered without permission, and pulled my husband outside. They proceeded to handcuff him and search him before taking him back inside where he was required to sit on our floor while they searched our home. Once they finally let him show them that he had keys to the front door and a copy of the deed, they left without so much as an apology. Do we have any legal recourse. He was embassased and is rightly furious! - Please contact via email ONLY.


Asked on 12/16/08, 3:00 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Right to enter home and detain homeowner

I would be thrilled to have neighbors who are so diligent (well -- maybe a bit nosy). But they're looking out for their neighbors. As for the police, there's no recourse. They were doing their job and protecting the property.

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Answered on 12/17/08, 5:03 pm


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