Mental and Emotional Damages From Illegal Search

Focus on a police department searching someone's house without permission in Michigan. Focus on the police department having no search warrant or probable cause. Nothing was found illegaly. What emotional/mental damages can that person sue the police department for, for violating their rights?

How damaged were you?

My guess is that unless there are statutory damages for such a thing, that unless you can articulate real damage or distress it would be throwing good money after bad to try.

And, of course, success is predicated on the court finding that there truly was no good cause for a search.

- Carl

I felt distressed, self-consciousness, angry, anxiety, embarrassment, humiliation, shame, depression, feelings of powerlessness, anguish, discomfort, annoyance, etc. In other words I was feeling like the tenant here: http://www.homes101.net/news/n3115/ I felt so damaged, I moved away from that city.

Can the above emotional damages be allowed to bring toward small claim court in Michigan for "Actual Damages?"

I already did some investigation. I found no probable cause for the officers to search the house.

It just does not make sense. If there was nothing a person could sue officers for, for illegaly searching a house, imagine those officers going to a house everyday because they had nothing to worry because they can not be sued.

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Quoting Guilty Or Not Guilty

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I felt distressed, self-consciousness, angry, anxiety, embarrassment, humiliation, shame, depression, feelings of powerlessness, anguish, discomfort, annoyance, etc. In other words I was feeling like the tenant here: http://www.homes101.net/news/n3115/ I felt so damaged, I moved away from that city.

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Have you consulted an attorney?

If they were inside for a couple of minutes, and you were seated and treated reasonably well, there would be little chance of alleging trauma. if you were thumped, tossed on the ground, and otherwise assaulted and accosted, you might have something (provided the officers could articulate no good cause).

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Can the above emotional damages be allowed to bring toward small claim court in Michigan for "Actual Damages?"

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I don't know if pain and suffering can be included in a small claims action in Michigan. I believe Aaron will be able to answer that, however.

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I already did some investigation. I found no probable cause for the officers to search the house.

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Yes, but YOUR opinion on the lack of cause is not going to be relevant in the slightest. Hence, the reason you really should have a trained eye look at any case you think you have. It may not be worth the time and the effort, depending on what was done during this search.

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It just does not make sense. If there was nothing a person could sue officers for, for illegaly searching a house, imagine those officers going to a house everyday because they had nothing to worry because they can not be sued.

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Anyone can sue anyone else for anything. Nothing prevents you from suing. However, state law may spell out damages for this sort of intrusion by statute ... or, it may require you to articulate the damages. Whether punitive damages might be allowed might depend on whether you file in state or federal court, and on what grounds.

Not every bad act has an easy remedy. It may take a few years to wind its way through the court, and you might have to pay an attorney up front. You really should consult an attorney before you try this.

If you have a good case, then by all means go for it ... and, likely, the attorney will take the case on a contingency basis. On the other hand, if he asks for a fee up front, you might want to seriously reconsider the matter.

Also check into the small claims issues as mentioned above.

EDIT: Oh, and the link you cited has nothing at all to do with your situation.

- Carl

A lady made the call for the police to search the house I was in. She mentioned some untrue statements when she called the police. I will try to press charges on her for small claims. If I can not find an affordable civil attorney for pressing charges against the police, I will take them to small claims too.

The incident put me in a lot of fear. When the first officer arrived, he came in the house. I was closing the front door keeping my eyes on the first officer as I was confused. Suddenly I noticed a second officer pushing open the door open telling me in a firm manner, "If you shut the door on me, I will arrest you!" The door was pushed wide open as several (about 6) officers entered the house. An officer told the lady who made the fraud call and her drunk sister to stay outside as they were on the front porch. One officer asked me several questions as I stood by the front door in fear. The ladies disobeyed the officer and entered the house. I showed him my driver license proving I lived in the house. The officers were searching closets and rooms of the house on both floors. I called my roomate on my speaker phone so the officer could talk to him and ask questions trying to prove everything was alright with me living there. The officers were inside the house several minutes. On the D-Card it reads "Arrived: 3:29:41 PM, Cleared: 3:42:01." When the officers were leaving, the one who told the ladies to stay outside said to her "I told you to stay outside." He did not threaten to arrest them like he did me. When all the officers left the scene I received no appology or explaination for the search.

This all would not of happened if I was white. Farmington Hills police are prejudice. http://www.news.com/2100-1030_3-6116296.html

see "Taser" http://www.crushmediagroup.com/Crush...07_smaller.pdf

Farmington Hills is one of the top four largest cities in Michigan. It has no black officers.

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Quoting Guilty Or Not Guilty

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A lady made the call for the police to search the house I was in. She mentioned some untrue statements when she called the police.

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Whether the statements are true or not may not matter so far as the police are concerned. what MAY matter is what was said, and whether it was reasonable for the police to take whatever action they did based upon the call.

If the caller gave specific info about a person in danger or a dangerous drug lab, yeah, they might be able to make entry. If the caller said there is a baggie of marijuana in the back bedroom, then it is unlikely they could force entry.

WHAT was reported to the police by this person? And why?

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When the first officer arrived, he came in the house. I was closing the front door keeping my eyes on the first officer as I was confused. Suddenly I noticed a second officer pushing open the door open telling me in a firm manner, "If you shut the door on me, I will arrest you!"

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You allowed the police inside already - apparently. Did you tell the first officer to leave? That he was not welcome? Why did you let him inside?

If you open the door to allow him in, this can be implied consent - thus, lawful entry.

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I called my roomate on my speaker phone so the officer could talk to him and ask questions trying to prove everything was alright with me living there.

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Wait ... haven't we done this before ... wasn't this woman your friend's mom, or something?

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The officers were inside the house several minutes. On the D-Card it reads "Arrived: 3:29:41 PM, Cleared: 3:42:01."

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I doubt thirteen minutes will seem like a grievous injury to a jury unless you were brutalized or manhandled without cause.

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When all the officers left the scene I received no appology or explaination for the search.

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While that would have been proper, it is not a legal requirement.

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This all would not of happened if I was white. Farmington Hills police are prejudice.

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A news article does not prove that they acted inappropriately OR that they acted inappropriately towards you based upon your race. These things must be evaluated on the individual circumstances.

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http://www.news.com/2100-1030_3-6116296.html

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This link concerns the running of license plates by the Farmington Police and a court ruling holding that there is no expectation of privacy on computer checks of your license plates.

What's that got to do with race??

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see "Taser" http://www.crushmediagroup.com/Crush...07_smaller.pdf

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Racial allegations are common and easy to make ... it appears here that one group says they have acted in a biased manner, and the police denies the claim. Hardly conclusive.

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Farmington Hills is one of the top four largest cities in Michigan. It has no black officers.

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That might imply a racial bias in hiring, but it does not by itself in any way show that you were treated inappropriately.

- Carl

Yes, this is about the subject we been through before: http://www.expertlaw.com/forums/showthread.php?t=29042
The main question is will Michigan Small Claim Court take "Emotional Charges." This is my last year to press charges. I got the small claim court form in front of me, but how do I put it?

I did let the first officer in because I was not worried explaining who I am and I live there. But I had no idea several officers were going to come in walk pass me and search the whole house.

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Quoting Guilty Or Not Guilty

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Yes, this is about the subject we been through before: http://www.expertlaw.com/forums/showthread.php?t=29042
The main question is will Michigan Small Claim Court take "Emotional Charges." This is my last year to press charges. I got the small claim court form in front of me, but how do I put it?

I did let the first officer in because I was not worried explaining who I am and I live there. But I had no idea several officers were going to come in walk pass me and search the whole house.

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You should absolutely consult an attorney. As Carl knows, police enjoy qualified immunity from lawsuits, so to overcome that burden takes the expertise of a legal professional. It does not mean they can't be sued, but it must be found that "clearly established law" was violated.

MI small claims has a limit of $3,000.00 and not only that, if a suit is filed there and technically allowed as you ask, no doubt it will be removed or attempted to be removed to a higher court.

Her is MI's laws:

http://www.legislature.mi.gov/(S(qet...20AND%20claims

Note:

600.8401 Small claims division; creation; judge; jurisdiction.

Sec. 8401.

A small claims division is created in each district as a division of the district court. A judge of the district court shall sit as judge of the small claims division. The jurisdiction of the small claims division shall be confined to cases for the recovery of money only when the amount claimed does not exceed $3,000.00.


It does not state one way or another if tort damages such as emotional distress are permitted. You need to go to a library where they have the MI laws. Look up 600.8401 and read any case law annotations after and see what "specific" damages, if any, are permitted, such as pain and suffering, etc?? The MI laws online are not annotated.


Some states do not specifically allow such in these inferior courts.

It has almost been a year and a half now. The emotional misery is still inside of me. I will look up 600.8401 in a library.

I do want to take the lady to small claims court. The D-Card reads:
"00921 - 15:24:44 RP WGT IN A BLU DODGE SEDAN SAYS SHE JUST GOT HOME FROM VACATION AND THERE IS AN UNK AMOUNT OF MEN IN HER HOUSE THAT WONT LET HER IN"
She was telling a false story. She has been living in Illinois for years. She was at the house in Michigan to see her son. She also mentioned false statements on the 911 call, http://www.mediafire.com/?3z1mggxhr93 When she arrived at the house with her drunk sister I called her son on my speaker phone. He told her it is ok for me to be in the house. And she was giving a false statement to the 911 dispatch about an ambulance was needed at the scene.

Thank you guys for your support.

Are you wishing to sue the woman or the police??