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  1. #1
    Join Date
    Sep 2016
    Posts
    13,916

    Default Suing Over an Illegal Search

    If a defendant is charged with a major drug offense, and is subject to forfeiture proceedings, as a result of a police raid on his home, and a judge later rules that the search is unconstitutional, suppresses all of the evidence, and the charges are all dismissed, can the defendant successfully sue for a civil rights violation?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Suing Over an Illegal Search

    Here's the big issue: If the evidence of the criminal activity exists but was suppressed, the defendant would have at most a claim of nominal damages, and a finder of fact is not likely to reward a drug trafficker who is suing based upon a theory of, "I'm guilty but I got away with it, so the government should give me money."

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