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Police Lying on a Search Warrant

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  • 05-20-2009, 05:26 PM
    craigtm52
    Police Lying on a Search Warrant
    My question involves police conduct in the State of: California

    The city police served a search warrant at my home(I wasn't there) for suspicion of drug sales. My adult daughter does have a substance abuse problem but has never sold drugs. Their find in this search was a minute amount of powder in a plastic baggie and a pipe.Her case was dismissed at arraignment. The problem I have is that when I finally was able to get a copy of the warrant it was full of untrue statements.During the 'raid' the police smashed in my bedroom and office doors,ripped a safe out of the wall from a stud and smashed it open. It's contents included 2 handguns,legally owned,and no contraband. They also pried open the door to my RV,causing over $5000 damage to that.On the search warrant they stated that an undercover who attempted to make a drug buy at my home saw people in the RV and that it was being used as a lookout platform. In fact,the RV was not even parked there that day as we were using it at that time and it was over 300 miles away.The worst false statement was that I had been convicted of drug possession and sales! I was a felon! In fact I have never been arrested for anything and I have obtained my CA DOJ record to prove that.
    Is this grounds for a lawsuit?
  • 05-21-2009, 06:30 AM
    bigcountrysg
    Re: Police Lying on a Search Warrant
    You could file suit for damages done. Although you most likely will not get anywhere with it.

    Reason being the Police will state they were acting upon information obtained. As well as acting with in the scope of their job. Along with most states have a law providing immunity to Police Officers when acting in good faith with in scope of their employment.
  • 05-21-2009, 09:38 AM
    BOR
    Re: Police Lying on a Search Warrant
    Quote:

    Quoting craigtm52
    View Post
    Is this grounds for a lawsuit?



    THAT would take the evaluation of an attorney.

    Police, per the USSC, enjoy qualified immunity in the course and scope of thier duties/official nature. You must overcome that burden or you loose.
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