Legal Question in Civil Litigation in Iowa
Have a question about illegal search and seizure. I was arrested at a local pharmacy in Iowa for attempting to obtain a prescription drug by fraud. They confiscated my phone and as that was our only phone, I collect called my Mother from the jail and told her to send someone to tell my wife and daughter what happened to me. My Mother, who lives in Texas, decided to call the Police and have them tell my family what happened. It was 3am, I have an enclosed porch, and then an inner heavier day. There was a note on the door that my wife had left after I went out saying that she wasn't feeling good so to let her sleep in. The police claim that the inner door was slightly ajar (it was not), and the outer door to the covered porch certainly was not, even by their own admission. These two officers enter without a warrant or even knocking on the door. They begin snooping around while my wife is still asleep, looking through my computer, and finally find an empty unidentified pill blister pack of prescription medication. They then wake up my wife finally, and my dog (a 8lbs daschound/min pin mix) bites the officer because he just burst in, and he shot him dead. They're not sure if they can continue to search, so they call their sergeant, who I guess gives them the okay. My wife the whole time is making it clear that she's not giving them permission to search and asking if they have a warrant, they ignore her. After rooting around a while they find some illegally obtained prescription drugs. My question is, is this an illegal search? My public defender seemed to think so. I did not take it to trial, I just took a plea offer and served 120 days in jail. My question is civil not criminal. Would I have a civil case against the city for the illegal search, emotion distress, killing my dog, ect? I can answer any additional questions if needed. It was my understanding that if they're not invited in, and my Mom in Texas who isn't a resident or owner of my house can't invite them and only told them to inform my wife of my situation, and they have no warrant, and there's not emergency or imminent danger or crime in progress that they cannot just bust in and search. Love to hear some feedback on this.
1 Answer from Attorneys
Your wife can file a motion to suppress evidence that was discovered during an illegal search of the home. As a practical matter the right to be free of illegal searches and seizures is a personal one. That is, the problem and the illegal search belongs to your wife and not you. You, because you were in jail at the time, don't have a dog in this fight because you were not charged with anything that came out of the search.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
