QUESTION
Sueing the officer who conducted a search and leaving broken glass without notice that cut my foot open.
Asked on Nov 28th, 2014 on Civil Rights - New Jersey
More details to this question:
Recently due to a dispute at my home, the state police showed up and were in my house. While here, they "smelled" weed in one of the bedrooms. The owner of the house accepted that theyd be able to search that room only, and the trooper in charge had him sign documents. Now, when they conducted the search, they broke glass on the floor and they didn't bother mentioning and or cleaning it up. Fast forward a few days, i was walking in that room and i didn't notice the glass and stepped on it, and it cut my foot. I picked the glas out of my foot and put it in a bag, while the rest of the glass is still in the room on the floor. I took pictures of it all. Am i able to file a lawsuit for this, considering they didnt even mention the broken glass on the floor and how do i go about it if so.
1 ANSWER
Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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the police had the right to be in the house because of the dispute which allowed them to smell the contraband which allowed them to ask for the consent to search which allowed the search. The breaking of the glass was an accident but part of the search. The police should have either cleaned the glass or notified the owner. However, the police had no legal requirement to clean or pick up the glass. You should notify the homeowners insurance company for coverage. Ed Dimon
Answered on Nov 29th, 2014 at 4:14 AM