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  1. #1
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    Jan 2016
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    Default Can You Sue Somebody for a False Police Report Resulting in a FBI Raid of Your Home

    My question involves defamation in the state of: The FBI came into our home at 615am, seized all of our electronics, weapons and external hard drives. While in our home they set up the computer in the living room and had a specialist sweep the computer and all of the hard drives. They all came up clean of course, I didn't even know what they were looking for. I thought they were coming into our home because we had been on a weapon buying spree, not for anything specific, we just like to have them and go to the ranges often. After they had already taken my husband to the station for 'questioning'. I was totally cluless as to what was going on. Two hours later they sat me down and asked me a ton of questions that had nothing to do with the weapons, I answered them, as they recorded the conversation. I had no idea what they were in my house for. They finally said to me ' We aren't here about the weapons, we are here because we have suspicion that your husband' has been downloading child pornography. I was completely floored. I did not by any means believe that to be true. I stopped the conversation and said I will wait for our lawyer. They were in my home for another two hours, bagging the items they had went through and had already cleared. I kept asking if they had found any proof and what proof they had already to get a warrant. It did not make any sense. they left my home around 1030 still no word of what next. I asked if I was going to be able to speak with my husband or see him. they said that I most likely would by the end of the day.

    At 1150 I got a phone call from my husband from a pay phone asking if I could come pick him up from the gas station. The police and FBI told him that his older daughters' mother had called them and accused him of molesting his daughter, but she is not certain, she is just accusing him. This was all on word of this mother, who has been a complete psychopath, over two years ago we had to change our home number because she would call 100+ times in a row, leave blank messages, or harassing messages. His daughter would email my husband saying her mother did not want her to call her father, or didn't want him calling at all, which did make her very upset. He has not seen or heard from them in over 2 years because the mother blocks all of the numbers and monitors the emails. The FBI had said this had been an ongoing investigation yet they wouldn't tell him or I what proof they had of anything. They put him under three lie detectors, all of which he passed. Nothing was found in the computer, our phones, or all of our external hard drives. It is more than legal to have weapons in your home, they said you are but not if you are a felon. He has not been charged with anything. I don't understand why they took them if they didn't even charge him with anything. we spent a lot of money on them. we are not happy at all. Especially with them taking the computer. we own our own business and do a lot of work on it with quickbooks. Also they asked about all of these programs that we don't even have in our computer, like limewire and vox or something. Also how can the FBI break into our home like that if they don't even have proof, they can just go off someone's word? He would never do something like that to a child, if I ever even had the littlest suspicion I would not be living in the house now with him and my 5 year old son, or married to him for that matter. he barely knows how to use a computer, hes 45, he barely knew how to turn a computer on when I met him! How could they storm our home looking for child porn and accusing him of molesting his child and taking his weapons and then not charging him with anything. All if it just doesn't make any sense.

    Can't he sue this lady for making false accusations about him??? Slander, perjury and defamation of character?!?

  2. #2
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    Default Re: Can You Sue Somebody for a False Police Report Resulting in a FBI Raid of Your Ho

    A weapon-buying spree...wow, what some people do in their free time.

  3. #3
    Join Date
    Sep 2005
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    California
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    Default Re: Can You Sue Somebody for a False Police Report Resulting in a FBI Raid of Your Ho

    Okay, the FBI did not execute a search warrant and a raid of your home and computers on one woman's suspicions. They just did not. No federal judge would sign off on that, and the FBI does not act that way. Either you are not getting the entire tale, or, you are mischaracterizing what happened.

    Feel free to speak with attorneys in your area, but, I suspect it might cost you more than $25,000 just to get them to start their investigation.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  4. #4
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    Default Re: Can You Sue Somebody for a False Police Report Resulting in a FBI Raid of Your Ho

    Quote Quoting jd0923
    View Post
    The police and FBI told him that his older daughters' mother had called them and accused him of molesting his daughter, but she is not certain, she is just accusing him.
    I can't see the warrant or affidavit in support of the warrant from where I'm sitting, but that has absolutely nothing to do either with a weapons buying spree or with allegations of child pornography. What's the rest of the story?

    If all the mother did was report suspicions, that's not going to support any sort of claim against her.
    Quote Quoting jd0923
    He has not seen or heard from them in over 2 years because the mother blocks all of the numbers and monitors the emails.
    If he has not seen his daughter for more than two years, then what are you saying? That mom told somebody she suspected the child was molested two years ago? You're giving us so few facts to work with, all we can really do is suggest that your husband consult a lawyer with the full details.
    Quote Quoting jd0923
    It is more than legal to have weapons in your home, they said you are but not if you are a felon.
    Are you stating that your husband has a felony record?
    Quote Quoting jd0923
    Also how can the FBI break into our home like that if they don't even have proof, they can just go off someone's word?
    They had a search warrant, right?

  5. #5
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    Oct 2014
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    Default Re: Can You Sue Somebody for a False Police Report Resulting in a FBI Raid of Your Ho

    The FBI didn’t tell you or your husband the full details of the investigation. That’s not surprising; the agency does not want to tip you guys off as to the status of the investigation or what prompted it as that might enable your husband to try to cover things up if he was engaged in illegal activity. It might be true that the mother reported what she suspected was abuse of her child but that would not have started the FBI investigation. Allegations of child abuse would be referred to the local child protective services agency. So that bit of information was a red herring. Now if she had said she suspected he was involved in downloading child porn, that would get the FBI’s attention. But the FBI can’t get a search warrant based on vague suspicions of an ex-wife or ex-lover. The FBI needs something more concrete than that. That means the FBI likely has something else it is working with that may indicate your husband is involved in downloading child porn. But they are not going to tell you and your husband what that is.

    If she made false statements of fact (not opinion/suspicion) to the FBI and he suffered harm from it he may have a good defamation claim to pursue against her. He’d need to learn exactly what she said as a starting point here. But he needs to be careful. What he says in that lawsuit could end up being used against him either by the FBI or child protective services later. Also note a couple of things. First, defamation lawsuits are expensive to bring unless the lawyer will take the case on a contingent fee basis. Second, if the defendant doesn’t have much money or assets it will be a waste of time and money to sue her because your husband won’t be able to attach anything to collect. The details of her financial situation and what state’s law applies matters because state law defines what property is exempt from attachment. Finally, litigating a defamation suit has the possibility of spreading the allegations even more widely, which may not be what your husband really wants.

  6. #6
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    Jan 2016
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    11

    Default Re: Can You Sue Somebody for a False Police Report Resulting in a FBI Raid of Your Ho

    I can't see the warrant or affidavit in support of the warrant from where I'm sitting, but that has absolutely nothing to do either with a weapons buying spree or with allegations of child pornography. What's the rest of the story?
    that's the whole story. they raided our home looking for child pornography. they said someone in our home has been downloading it. they searched every orifice of our home, his work trucks everywhere and took every drive we had that could hold photos. we don't know much more. He called me at 1150 to get him they let him leave, because 'they didn't have enough evidence to hold him'. I mean they just raided our home. I mean wouldn't the police have taken him to intake, processed him, charged him, and he wouldn't be let out unless I bailed him out!.... it all doesn't make sense. I mean I do not get it. I am at a complete loss. I don't know what to believe.
    If all the mother did was report suspicions, that's not going to support any sort of claim against her.
    That is what they police told him that she did. I haven't spoke to anyone about the report put in by her. I am sure there had to be a report put him against him by someone. wouldn't they allow us to get that information. I mean I do have the right to know as well.
    If he has not seen his daughter for more than two years, then what are you saying? That mom told somebody she suspected the child was molested two years ago? You're giving us so few facts to work with, all we can really do is suggest that your husband consult a lawyer with the full details.
    The mom reported to authorities that my husband was sexually assaulting their daughter her whole life. That is what the cops told my husband. That was the reason as to why he was there for questioning. But only questioning, because they did not find any evidence. All they seized was our computer (laptop), my computer (laptop) that he has never used and that has not been turned on for over 3 years because the battery is dead, our weapons, three usb storage drives with MY PHOTOS/memories, a CD with photos on it, his cell phone and all of the ammo for our weapons. That is all. When they sat there in my living room for about 4 hours going through the computer and little drives they did not find anything! I sat there the whole time and listened to the lady clear it.
    Are you stating that your husband has a felony record?
    no he does not have a felony record. I said to the cop "isn't it completely legal to own weapons?" cop said "yeah if you are not a felon." I said " my husband and I are not felons" cop said "its pretty hard to believe he is not a felon now, when you have boston cops here, FBI and almost every city cop in your house at 615am taking your husband in for questioning"
    They had a search warrant, right?
    yes

  7. #7
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    Default Re: Can You Sue Somebody for a False Police Report Resulting in a FBI Raid of Your Ho

    You mention the FBI and the police. Which was it? Did the FBI raid your home with a federal search warrant? or, did the police raid your home with a warrant signed buy a judge of the Superior Court of your county?

    In short, you are correct - you are NOT getting the entire story ... from the police, and maybe from your husband. No warrant was issued based upon the uncorroborated suspicion of some woman. It wouldn't happen.

    Your husband should seek his own legal counsel ASAP. if they are looking at him for child porn, then he faces some very serious offenses and needs to have legal counsel right away.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  8. #8
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    Jan 2016
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    11

    Default Re: Can You Sue Somebody for a False Police Report Resulting in a FBI Raid of Your Ho

    There is nothing to mischaracterize. I mean I was there. I swear. I heard almost everything. It was so embarrassing. I know we are going to make an appointment with the lawyer, and it is going to be so much money. They said it has been an ongoing investigation. They were questioning me as to if anyone has excess to our wifi. It is locked but its been the same for so long, anyone of his co workers friends could be using it. Our neighbors. I don't know. He went through three lie detector tests and they let him walk free. something is just not adding up. none of it makes sense to me neither.

    we bought two and a third on the way.. its not really a big deal.. we are both ex military and love to be on the ranges. but that has nothing to do with the case. I thought it had been. I was way off.

  9. #9
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    Default Re: Can You Sue Somebody for a False Police Report Resulting in a FBI Raid of Your Ho

    Quote Quoting jd0923
    View Post
    There is nothing to mischaracterize. I mean I was there. I swear. I heard almost everything.
    Then the police and the FBI are not telling you everything - and neither is your husband. If he was questioned, they through some info and accusations at him and he has a very good idea what this was about. He's probably right not to tell you, but, he does need to speak with an attorney.

    It was so embarrassing. I know we are going to make an appointment with the lawyer, and it is going to be so much money. They said it has been an ongoing investigation. They were questioning me as to if anyone has excess to our wifi. It is locked but its been the same for so long, anyone of his co workers friends could be using it. Our neighbors. I don't know. He went through three lie detector tests and they let him walk free. something is just not adding up. none of it makes sense to me neither.
    Any attorney he gets is going to slap him upside the head for taking "lie detector" tests. He took THREE in one night???? That's ... uh ... peculiar. And, unnecessary. I suspect I know what was up with that, and it was not about catching him in a lie. In essence, they locked in his statement and now if they can prove that anything he had to say was a lie, they have more info to nail him on. While it's possible someone outside the home pirated the wifi, believe me, they have more than simply an IP address downloading kiddie porn ... if that's truly what they are after.

    The FBI is not going to be involved unless they already have a pretty strong case.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  10. #10
    Join Date
    Jan 2016
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    11

    Default Re: Can You Sue Somebody for a False Police Report Resulting in a FBI Raid of Your Ho

    Yes. The FBI was there. City police. Even police from the next state over. Also CEP people or something. yes they had a search warrant signed from Lincoln D. Almond.

    yes that's what they are looking at him for. but they don't have proof. regardless. they searched our entire house. flipped it upside down. I don't get it. we only have the two computers. if he is not at work he is with me. cooking cleaning in bed. even on the weekends. none of this makes sense. and when he is alone he sits on our computer (the computer I know how to work better than him, as I run his business) or he is looking for the next best thing to buy: guns, hummvvs, tvs, tools, stuff for me, atvs, bikes.

    he is going to see his lawyer today.

    But why would they just let him walk out of the police station if they had enough proof to storm through our home.

    Lincoln D. Almond is a federal magistrate judge for the United States District Court for the District of Rhode Island. he is the one who signed off on this warrant.

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