Legal Question in Civil Rights Law in Illinois
the police climbed up the hill in my back yard, came on my back porch and knocked on the door. There was a cannabis plant on my back deck (no public view). The cop asked for permission to search house, no permission was given. The cop applied for a search warrant, secured house until warrant was issued. This warrant was illegal because of the cops unlawful entry onto my curtilage/yard/porch correct? Fruit of the poisoness tree. Multiple plants was found in the unlawful search of the house. NO CHARGES where filed. State Attny said it would get dismissed because of the cops illegal entry. Is there a Sec.1983 claim? Tore the house up! Confiscated cannabis along with about $10000 worth of grow lights, equipment, ect.
1 Answer from Attorneys
Possibly. See an attorney more facts could affect a full determination.
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