Legal Question in Civil Rights Law in Indiana
Can I File Suit?
June 26 2004
My roomate had a warrant for a misdemenor that has been outstanding for quite some time. Police were looking for him a few months ago, and he was not living here at the time. Today, police arrived at my residence at approx 530pm. They asked whose car was parked in front of the house and let themselves in, and began searching the house. They showed me no warrant. They informed me that I had a body attachment for a civil suit and that I was also under arrest. They asked me for the location of Paul Walker, (my roomate)and told me if I cooperated that they would let me call my mother who had my daughter with her at the time. Although I was hesitant at first, I did give them the information they requested. The let me call my mother and change my clothes. They also, at my request, let me get into the patrol car without handcuffs so as not to alarm my neighbors. They did not at any time read me my rights. They did not at any time offer me a lawyer. I was held in jail until 10pm when my parents posted a $500 bond. Is there a debtor�s jail???
1 Answer from Attorneys
Re: Can I File Suit?
NO! There is no such thing as a debtor's jail.
You should consult a civil rights attorney in your town right away: because what happened sounds really suspicious. You do not have to let police into your home without a warrant, unless they are chasing a fleeing fugitive in which casem, they're not going to ask to be let in anyway.
Their position is probably going to be that you consented to the whole thing, given what you told me, so there may be no case, but check it out with counsel who can listen to each fact anyway.
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