Hello, It sounds like you have two issues here. (1) the illegal search of your home, and (2) the arrest of your daughter's father. I will address these separately. Regarding the illegal search of your home, you say that the county illegally searched your home on a bogus search clause. Does that mean they did not have a search warrant? If they did not have a search warrant, they cannot enter your home unless there are exigent circumstances that warrant the intrusion. If there were no exigent circumstances, then the entry and subsequent search are likely illegal and any evidence obtained during the illegal search may be suppressed and you may have a civil rights lawsuit. It is impossible to say with any certainty since I don't have many details. If they did have a search warrant, it is much more difficult to challenge the legality of the search but there are ways. It is important to seek the advice of an attorney with experience in criminal defense to review the legality of the search warrant. In reference to the arrest of your husband, again if they did not have a warrant to enter your home and entered your home illegally and arrested him, that is an illegal arrest. There may be a way to suppress statements and evidence obtained by the illegal entry of your home. You will want to contact an attorney with experience in both criminal defense and civil rights violations to discuss this situation more thoroughly. You may also want to file a complaint against the officers with the police department, but I would recommend talking to an attorney first.
Answered on May 17th, 2013 at 2:02 PM