Illegal Search and Seizure in Texas

[aceizgod]

Texas

I was wondering if anyone could inform me what the "Satute of Limitations" is regarding filing a suit against city/county for "illegal search and seizure" in Texas?

I am fairly positive i was subjected to one last october. I live in a texas county which is overly zeolous in its procecutions and police and sheriff matters. Although i was submitted with a search warrent signed by a JP which was broad and abitrary.

No investigation came about i was never interviewed or questioned and all my personal possessions where returned 3 months later...end of story. I feel no probable cause exsists or exsited and search was a result of an unstable irrational ex-girlfriend who fabricated a police/sheriffs report.

Any prompt response would be greatly appreciated as I am in the process of finding representation.

thank you

[Some Random Guy]

Find your representation and ask him your questions.

You will find that you have no case aganst the authorities because they had probable cause based on the xGF.

You can ask that charges for filing a false report be filed against the xGF, but the DA may decline to file charges unless you can absolutely prove that she knew her allegations were false.

[grasmicc]

You need to look at this from the perspective of the authorities. They were relying on information from your Ex-G/F when they did this stuff. How were they to know that she is nuts or that her statements were unreliable?

Bottom line is that, from what you posted, it doesn't look like you've got a case at all against the city/county.

[BelizeBreeze]

Originally Posted by aceizgod

Texas

I was wondering if anyone could inform me what the "Satute of Limitations" is regarding filing a suit against city/county for "illegal search and seizure" in Texas?

I am fairly positive i was subjected to one last october. I live in a texas county which is overly zeolous in its procecutions and police and sheriff matters. Although i was submitted with a search warrent signed by a JP which was broad and abitrary.

No investigation came about i was never interviewed or questioned and all my personal possessions where returned 3 months later...end of story. I feel no probable cause exsists or exsited and search was a result of an unstable irrational ex-girlfriend who fabricated a police/sheriffs report.

Any prompt response would be greatly appreciated as I am in the process of finding representation.

thank you

A peace officer is under no duty of care in the exercise of its discretionary power to enforce the law. If an injury results from an act or omission of a governmental employee exercising governmental discretion, neither the state nor the employee is liable.

A person cannot sue the fire department for failing to put out a fire in his or her house, or the police department for failing to stop the theft of his or her car. Only if a plaintiff can show that the government owed him or her a special duty beyond that owed to the public at large, will he or she prevail in a tort suit against the government.

Further, Texas law caps the amount of damages a person can recover from the government. Punitive damages only are recoverable in limited instances.

In your situation, although the statute of limitations for such a 'tort claim' is 2 years in Texas, no such injury...from an act of omission or...discretion occured. In fact, based on your post, it seems the ONLY fact you may have had at the time (if the warrant was in fact broad and arbitrary) was to quash the warrant itself, but, since no action of the kind was taken during the events, that avenue is now closed.

[grasmicc]

"Only if a plaintiff can show that the government owed him or her a special duty beyond that owed to the public at large, will he or she prevail in a tort suit against the government."

And even then, maybe not. See Castle Rock V. Gonzales (2005).