Illegal Search

[jasm]

Well, since he didn't SHOOT the dog, it's a moot point. Frankly, I am likely to point a gun at a dog that I feel might become a threat to me simply because they are fast, small (smaller than a person), and a lunging animal is harder to hit than a person so I'd want to give myself the added half second or so to save myself the possibility of grave injury.

The issue of them being there in the first place is a question we cannot answer because we don't know why they will say they were there. Any evaluation of the 4th Amendment requires an evaluation of all the pertinent facts, and we don't have the other half so no reasonable evaluation can be made here. If you feel you have a claim against the agency, speak to some attorneys and see how much it will cost you to roll the dice. I strongly suspect that absent any real damages, the cost will far outweigh any potential award.

You are probably right. Since the damages were less than $100, I would probably end up spending much more unless I could find a lawyer who would take the case with an agreement to only get paid if we won the case. I will probably just make a complaint to the police department and skip the lawsuit unless I can find such an attorney. I know that I will get nowhere with any of the ones in this town, but maybe one in surrounding areas.

 

[justalayman]

the problem, even if you win, is there is no money in it. The courts have determined your rights are valued at $1 for most situations. It is simply a nominal amount so you can say "I WON!"

unless you are footing the bill out of pocket or you can get the ACLU to take up your cause, you are pretty much dead in the water.