Legal Question in Constitutional Law in Nebraska
when me and my girlfriend where at a hospital checking her in for attepted suicide after we left the emergency room at another hospital an officer showed up and told us he was at our home beford he arrived and he and another officer entered my home. I want to press charges for tresspassing,unlawful entry, entry without a warrant, and property damage their actions clearly violated the 4th amendment and my civil rights along with this I am seeking for property damage they broke the inner part of my door with their tool they used to brake into my home
1 Answer from Attorneys
There are a variety of reasons why an officer may properly enter a home without permission, even if he doesn't have a warrant. I can't tell from your question whether any such reasons were present here, but one (or more) might have been.
Even if the warrantless entry was improper, police officers are generally immune from lawsuits based on the performance of their duties. There are exceptions but, as before, I can't tell from your question whether any of them applies. Even if none does, a civil suit does not seem promising since you probably have not been damaged in any substantial way.
Although you mention pressing charges, it is very unlikely that the officer would be prosecuted for his actions.