Results 1 to 6 of 6
  1. #1
    Join Date
    Jun 2012
    Posts
    2

    Default Arrested After Warrantless Entry and Search

    My question involves civil rights in the State of: Florida. south florida area.

    Hello. I was arrested in July 1st 2011. I was arrested after sherriffs office entered my home without a search warrant, exigent circumstances or consent. My girlfriend was also arrested for incrmininating evidence found inside during the illegal search. I will not disclose what the evidence was since it does not matter if it was a joint or a dead body. Anyway. I was incarcerated for 11 months. Once my attorney filed for a motion to suppress all evidence found during the illegal search and seizure, the state dropped the entire case on both of us. Now, during my stay in jail my bond was denied, my ferlow request for a death in the family was denied, and i was admitted into medical from getting into a fight during my stay. I also was embarrased from public humility from my name and picture being published on the news and in the paper. I lost my rental home, my vehicle, and 11 monthes with my children. My girlfriend lost her nursing job and her license, plus spent 11 days in jail before she bonded out. She is to this day having to take drug tests and numerouse classes and meeting thats cost $ just to keep the health department happy. Shes lost her job, and salary. They also still have my property in custody. There are many other factors involved.

    I have contacted civil suit attorneys today and a few seem to be intrested in the cases. Im not sure if i should mention the Bivet action, or the 1983 action to them. Or if its a municiple suit or a suit against the sherriffs involved in the illegal search and illegal arrest. any advice would be greatful. thank you

  2. #2
    Join Date
    Jul 2010
    Posts
    7,665

    Default Re: Arrested After Warrantless Entry and Search

    Without more information about the only advice anyone can offer is to find an attorney you are comfortable working with, and whose fees are acceptable to you, and head for court.

  3. #3
    Join Date
    Jun 2012
    Posts
    2

    Default Re: Arrested After Warrantless Entry and Search

    Quote Quoting free9man
    View Post
    Without more information about the only advice anyone can offer is to find an attorney you are comfortable working with, and whose fees are acceptable to you, and head for court.
    i was hoping it would be done on a contingency. when i get paid they get a percent. no?

  4. #4
    Join Date
    Jul 2010
    Posts
    7,665

    Default Re: Arrested After Warrantless Entry and Search

    Contingency falls under the umbrella of fees. Understand you may have a hard time finding an attorney willing to work on contingency without the possibility of a large payout. Which again, we cannot assess for you.

  5. #5
    Join Date
    Dec 2011
    Posts
    203

    Default Re: Arrested After Warrantless Entry and Search

    A "Bivet" action?

    42 USC 1983 is for violations of civil rights under color of STATE law.

    A "Bivens" action is a judicially created civil rights action for violations under color of FEDERAL law. I do not believe this would apply to your situation.

    You likely have an action for a civil rights violation but getting an attorney to take a case like that on contingency is very difficult, though not as difficult as one for defamation or invasion of privacy.

    You don't likely have a case against the county, but do against the sheriff deputy(s).

    One question for all the legal folks here, in a case like this, how far can the plaintiff go or stretch liability to the consequential damages. The tort itself is one thing, but what about all the damages that flow from it?

    Civil rights statutes don't have statutes of limitation. It is the SOL of the state for personal injury. Here in FL it is 4 years.
    So you do have some time. There are no punitive damages in a Civil Rights action or a tort action against a city, county or state.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,762

    Default Re: Arrested After Warrantless Entry and Search

    She is to this day having to take drug tests and numerouse classes and meeting thats cost $ just to keep the health department happy
    Huh? If the case against her was dropped, why, or more properly, how can they require her to do anything?

    1. Sponsored Links
       

Similar Threads

  1. Search and Seizure: A Warrantless Search and Seizure
    By sassyscorpion11 in forum Criminal Procedure
    Replies: 2
    Last Post: 04-25-2012, 12:48 PM
  2. Search and Seizure: Private Vehicles Subject to Search to Gain Entry to California
    By DCM in forum Criminal Procedure
    Replies: 5
    Last Post: 04-16-2011, 07:39 AM
  3. Search and Seizure: Warrantless Entry by the SPCA
    By Fan71 in forum Criminal Procedure
    Replies: 22
    Last Post: 10-27-2009, 06:22 PM
  4. Search and Seizure: Warrantless Entry
    By metalgearsolid11 in forum Criminal Procedure
    Replies: 5
    Last Post: 12-17-2007, 11:41 PM
  5. Arrest Procedure: Arrested Two Days After Search Warrant
    By dogpekrnats in forum Criminal Procedure
    Replies: 7
    Last Post: 10-02-2007, 06:37 AM
 
 
Sponsored Links

Legal Help, Information and Resources