House Searched

[Premise]

If the police searched and trashed your house only to come up empty handed could you sue for damages?

[Thegreatone]

would u want to opiss them off any more then they already ARE chances are they had a reason to be there and u just got lucky so id stopp all illegal atviteys cause they prolly be back.

[davidBuster23]

I'd disagree. They are liable for any damage they do -- especially when they find nothing. You are entitled to sue their asses off. The only catch is that it's a long, expensive process to get anything out of them.

[Thegreatone]

hence the fact that its not worth it.

[edgien]

sorry but I must agree in regards to the pain in the ass as well as your billfold to attempt to collect anything PERIOD!!!.....but if my house was searched and they found nothingand I had nothing, and I knew I would never have nothing and they trashed itI would do my best to look into it and f**k them in the budget no matter what the cost but that isme. Thousands of homes are searched each year of totally innocent people where due to theirless then shabby investigation work if any, in my case my house was searched last January when I was at work and nobody was home (they went through the bathroom window)...but in my case they found nothing cause there was nothing to findbut they didnt tear anything up and in fact and this is kinda scary that unless I would have read the warrant attached to my door I may have not even relized they were ever there....it pisses ya off but if there is any satisfaction to be had is when Police search a home and come up zero they dont like it very much and the guy that has to take the warrant back to the Judge usually gets an earfuL.....

[davidBuster23]

wow edgien. did they let you know why your house was targeted for search?

[edgien]

I`ll try and make it short...Aug. 2003 Law enforcement located 6 marijuana plants growing in an adjacent cornfield behind my woodlot almost 700' from the back of my maintained back yard, the woodlot is not maintained noris there a path tothe cornfield,the cornfield is owned by a farmer down the road, I had nothing at all to with them period,but the Officers came to my home ready to search my house and property, I came home and told them not without a warrant, I even said I would stand with them until they obtained one, they never did..end or story right?? Jan. 12th 2004 the Officers pick up my roadside trash bags..almost 15 due to bad weather and right after the holidays, in my trash they aledge they found two small roaches inside a discarded cigarette pack (not my brand), a one time trash search and the roaches I assume were the result of my daughter who doesnt live here when she cleaned out her truck over the 4 day period she spent with us over the holidays...Niether I or my wife have any prior criminal record or past history in regards to drug activity...there was no anonymouscalled in tips, nothing at all to even remotely connect me to the plants found the previous fall, just two roaches in a discarded cigarette pack from a one time trash searchand they searched my home and property 1 hour before I was due home from work...nothing was found cause there was nothing to find.....them bastards evenhad the nerve to tell me they could arrest me for what they found in the trash...I told the "Dick" to do his dutybut he left.....even if I had a house full ofbudsmost likely it would have been supressed due to themnot having enough probable cause to obtain a warrant, in my state they just recently overturned a case where the Officers only did a one time trash search...the court ruled they would have needed to do at least two searchesunless they had otherreasonable evidence or informationwhich in my case they had ZERO....I would have loved to see the Officer's affidavit used to obtain the warrant..he had tohave lied about something to convince the Judge to order it.....I dont live in a unpopulated area, in fact there is a small town located just a 1/2 mile away and a abandoded rail line less then 150 ft from where the plants were found that is a well used 4~wheelerroute...these guys were total idiots not fit tocarry a gun let alone a badge, I hate to think of all the time and money spent on my case which netted them ZIP while reaL crime was taking place as break~ends and such. Six years ago our home was broken in to and someguns and other itemsstolen, two deputies arrived and asked what happen and took a quick look around before saying "well there isnt much for us togo on"...filled out a report and left....they didnt investigate shit...why?? cause break~ends dont make for front page headlines in our asshole newspaper.....I was told by a former prosecutor that when a Officer returns asearchwarrant to the Judge after finding nothing that the Judge is never happy with the officer and usually lets him know it so he'll understand it it weLL

[Thegreatone]

lol the trash pick up thats how they got my house, found a bottle of K that i told the kid not to throw in the trash and some other dumb shit, to bad for us there was a bunch of shit in the house but lucky they didetn find it all 12K plus in lawery fees and 2 years of probation im finly a free and smarter person that no longer partys at there own house and just in case i take my trash to a public dump with nothing in the bags that can name me ie. mail