Huge Mistake

[paulma]

What is the name of your state? Ca.

Last night My friend and I were picking up another friend. He told us his house was the one with a red truck parked in front. He told us he needed a couple minutes to get ready so to just walk inside the house. As we did, we realized we walked in the wrong house. The truck, unfortunately had been parked on the neighbor's side. The owner of the house began to cuss us out and told us to get out. We tried to apologize but he continued to yell. Our friend came out and told us to go in his house and he tried to explain, but the neighbor continued to shout. As we were leaving he called the police. I have no idea what he told them, but as we were driving into the main street a cop pulled us over. Nothing happened for a few minutes, and suddenly four other cop cars pull up. They took out their guns, and ordered us to get out of the car with out even telling us why the were doing this. They hand cuffed all three of us. I tried to tell the officer it was all a big misunderstanding but he told me to shut up and shoved me in the back of his car. They searched us all and they raveged through my car. After more than an hour, they finally let my friend and I go, being they had nothing on us. Unfortunately, the friend I was picking up had numerous illegal drugs in his back pack, enough to put him away for a while, so he got arrested.
My question is did they have the right to arrest us the way they did before even questioning what had occured, and if so can I file a complain and/ or civil lawsuit? Also, did they have probable cause to search through my car? If they did not, then can the evidence found on my friend be thrown away?
I would really appreciate it if you could give me advice with my issue and I will be very gratefull for any advice. Thank you.

 

[JETX]

did they have the right to arrest us the way they did before even questioning what had occured

Yep.

and if so can I file a complain and/ or civil lawsuit?

Nope. Based solely on the information in your post, they did nothing wrong.

Also, did they have probable cause to search through my car?

Yep. They had a description.... and you met it.

If they did not, then can the evidence found on my friend be thrown away?

Nope.

I would really appreciate it if you could give me advice with my issue and I will be very gratefull for any advice.

We'll see if that is true.

 

[CdwJava]

The officers were responding to what was probaly related to them as a home invasion of some kind ... these have a tendency to be very dangerous and often involve armed suspects.

From what you describe, I suspect that the officers did nothing wrong. Searching the car for evidence of theft from the house or weapons was likely justified ... though much would depend on what the officers were told. I would have also searched the car for the aforementioned items.

You can complain to the agency - that is your right. Though aside from some rudeness, I don't know if there is anything to the complaint.

As for a suit ... well, if you have enough money, I am sure you'll find an attorney to spend it filing complaints and motions. But I don't see any good tort from what you wrote.

And your friend ... well, I doubt that the drugs came as a BIG surprise. And a good rule of thumb in ANY case is to KNOCK before entering someone's house. And your friend didn't give you the color of the house or the house number?!?! Very odd ... and I think the cops found it so as well.

- Carl

 

[calatty]

What was the probable cause to search the car? I don't see any. They did not have probable cause to arrest them, and they didn't arrest them. Did you consent to a search of the car? Something is missing in your account. Unless the neighbor was a madman, it doesn't make sense.