Wednesday, July 7, 2010

Has anyone ever had their home searched by police and they didnt find anything,if so did you sue them?

why did they search what was there reasons


seareos answers pleaseHas anyone ever had their home searched by police and they didnt find anything,if so did you sue them?
There is a case named Blynn v. Seven Unknown Agents (Supreme Court case; I don't remember the site), in which Mr. Blynn's house was broken into by the police without a warrant; Mr. Blynn was stripped and searched before his family, without reasonable suspicion; Mr. Blynn's house was searched, without a warrant; and Mr. Blynn was arrested and jailed, without probable cause.





Mr. Blynn sued the government agents, In Pro Per, and took it to the Supreme Court.





The Supreme Court determined that Mr. Blynn had the right to sue the agents, despite the fact the agents were acting under the ';color of authority,'; due to the fact that the agents violated their powers to act under the color of authority.





So, under this decision, you can sue the police for acting beyond the scope of their authority; but, you need to prove this in court, as well as what damages were actually suffered.





Talk to an attorney about this, if you have quantifiabl damages.





Good luck!Has anyone ever had their home searched by police and they didnt find anything,if so did you sue them?
You could try if they didn't have a search warrant, however, they will just find a ';probable cause'; explanation. Then they will harass you endlessly.
If the police had a Search Warrant or you let them come in to do the search, you may have less reason to sue.
You cannot sue the police for anything they do in the process of their official duty, unless they violate your civil rights or you can prove malicious prosecution, which is quite difficult. They should have shown you a warrant as they commenced the search which gave the reasons for the search. If they had reasonable cause to search, which is basically taken as a given if the warrant was signed by a judge, they did nothing wrong and you have no recourse other than perhaps filing a complaint with the department.
I dont know
If they had a search warrant OR you gave them permission to search, then NO, you can't sue them.
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