QUESTION
Can you sue police for violating your 4th amendment right?
Asked on Jul 19th, 2021 on Criminal Law - New York
More details to this question:
Police entered my home with no warrant. The were here looking for someone other than me. I was asked to step outside my home so they could speak with me and when I did one if the police officers grabbed me and pulled me off my front porch and made me stand in my driveway in my nightgown and socks for about an hour, in 24 degree weather and it was snowing, asking for my permission to enter. I told them over and over again that I was always told never to let police in your house without a warrant. One of the officers threatened to charge me with obstruction of justice. After about an hour of standing in my driveway in my nightgown, i was put i to the back of an unmarked police car where one if the officers said to me "you don't have to say anything to let us go in the house, just nod your head". He then said "I'll take that as a yes" and closed the door of the police car and he and several other officers entered my home without permission or a warrant. What recourse do I have?
1 ANSWER
You're quite right in believing that the police cannot simply enter your home without a warrant or without cause. Generally speaking, the police would need either a search warrant or an arrest warrant to enter your home without permission. There are some exceptions to this rule when exigent circumstances exist, such as if they are in hot pursuit of a suspect. With that being said, if you believe that your civil rights have been violated, you certainly have various methods of recourse. Depending on what specific damage you suffered, you may be able to initiate a lawsuit against the Police department and specific police officers who caused you to suffer those damages. You may also be able to initiate a complaint either internally with the police department, or externally from the police department if you reside in NYC and contact the Civilian Complaint Review Board. With all that being said, you may want to consider consulting an attorney who handles these types of matters as soon as possible, as there are statutes of limitations that can impact your ability to file a claim or sue. I will not advise on those specific periods of time here, but do want to ensure that you are aware that statutes of limitations do exist for lawsuits and therefore you should act quickly.
I hope this information is helpful.
Answered on Jul 28th, 2021 at 9:55 AM