Police Departtment corruption

[redtourmaline]

I live in Georgia and my question is: can you sue the police department or persons there in?

I will explain. A couple years ago I came home to my then 16 year old son handcuffed in the nude and five policemen in my living room. When I walked in theY started shouting things like who am I, did I know my son was selling drugs, this is a crack house...you just don't know it... crazy and to me insane statements. They had searched my house without me there and with no warrant or reason. They found a blown light blub in the trash, said it was for smoking or doing somekind of drug, they found a straw in my trash can, said it was for doing cocaine, and they found stuff like old leaves and sticks under my couch and said they were pot (NOT!) Anyway, we were taken to jail.

I found out when I got out how they came to be in my apartment. When the police came to our apartment my son and his friend Brett were asleep. Brett went to answer the door and asked who it was because he couldn't see anyone thru the peephole. The answer from the otherside of the door was "maintenance" so he opened it to see the Acworth police standing there. The police asked for someone he didn't know, he told them he didn't live there and said he would go get my son and closed the door. Next thing Brett knows the police had come in the door and followed him to my son's room, they grabbed him up from his bed, nude, handcuffed him and brought him out to the living room. He stayed that way for an hour while they questioned him and searched my place, then I came home.

When I came home from jail I found out what happened was the person across from us was a drug dealer who had just moved in a couple months before. They had gone to the wrong apartment and after they realized what they had done were too embarassed or whatever to admit it so they just found a way to make us look guilty. They then proceeded to go to the correct apartment and find the real drugs and dealer and took them to jail right after us.
This is one of the most corrupt police departments. Their court (Acworths) said if I paid the enormous fine that they would drop the charges and there would be no record of any arrest but I didn't trust them so I had it held over to another court. Needless to say, and thank God, the charges were dismissed because that court knew and stated it to me, how corrupt this particular police department is.
Two things I want to know is can I sue anyone, any department for this wrong doing?
I was told at the time I couldn't by just friends but heard resently that it might be possible. My son still suffers from nightmares and hates the police, which I don't want him too, just because of this particular police force.
My other question is: If the case was dropped why does it say on the police record no-low (spelling?) I had to get a background check resently and was sure it was clean, come to find out there was a record of the arrest and a plea, which I DID NOT DO.
Can you help and what is the time limit on something like this?

 

[Hopkins306]

WOW...let me get this straight. they entered your home without a search warrant, questioned your son for an hour, took worthless stuff and called it drug evidence, then found out it was the wrong place and still tried to charge you...This is the best potential lawsuit case I've heard about. The problem with your son having psychological problems is your best case for a lawsuit. Get a real lawyer and sue. Also you might want to contact an Internal Affairs office to report what the cops did. I'm unable to find an Acworths georgia department...was it spelled correctly?

 

[Ohiogal]

Your story does not make sense. If you have a no-lo plea -- probably no lo contendre which means no contest that means you did not dispute the facts but also did not plead guilty.
As for the second poster, he at least is a cheerleader for you but how factual he is -- well don't bet the farm on what he is telling you.

 

[moburkes]

You should see the other post by OP. OY!

 

[You Are Guilty]

This story has more holes in it than a wheel of Swiss cheese. And frankly, if my 16 year old son was taking nekkid naps with "Brett", I wouldn't be ignoring it.

 

[weenor]

I live in Georgia and my question is: can you sue the police department or persons there in?

I will explain. A couple years ago I came home to my then 16 year old son handcuffed in the nude and five policemen in my living room. When I walked in theY started shouting things like who am I, did I know my son was selling drugs, this is a crack house...you just don't know it... crazy and to me insane statements. They had searched my house without me there and with no warrant or reason. They found a blown light blub in the trash, said it was for smoking or doing somekind of drug, they found a straw in my trash can, said it was for doing cocaine, and they found stuff like old leaves and sticks under my couch and said they were pot (NOT!) Anyway, we were taken to jail.

I found out when I got out how they came to be in my apartment. When the police came to our apartment my son and his friend Brett were asleep. Brett went to answer the door and asked who it was because he couldn't see anyone thru the peephole. The answer from the otherside of the door was "maintenance" so he opened it to see the Acworth police standing there. The police asked for someone he didn't know, he told them he didn't live there and said he would go get my son and closed the door. Next thing Brett knows the police had come in the door and followed him to my son's room, they grabbed him up from his bed, nude, handcuffed him and brought him out to the living room. He stayed that way for an hour while they questioned him and searched my place, then I came home.

When I came home from jail I found out what happened was the person across from us was a drug dealer who had just moved in a couple months before. They had gone to the wrong apartment and after they realized what they had done were too embarassed or whatever to admit it so they just found a way to make us look guilty. They then proceeded to go to the correct apartment and find the real drugs and dealer and took them to jail right after us.
This is one of the most corrupt police departments. Their court (Acworths) said if I paid the enormous fine that they would drop the charges and there would be no record of any arrest but I didn't trust them so I had it held over to another court. Needless to say, and thank God, the charges were dismissed because that court knew and stated it to me, how corrupt this particular police department is.
Two things I want to know is can I sue anyone, any department for this wrong doing?
I was told at the time I couldn't by just friends but heard resently that it might be possible. My son still suffers from nightmares and hates the police, which I don't want him too, just because of this particular police force.
My other question is: If the case was dropped why does it say on the police record no-low (spelling?) I had to get a background check resently and was sure it was clean, come to find out there was a record of the arrest and a plea, which I DID NOT DO.
Can you help and what is the time limit on something like this?

google "discretionary function immunity" and your state.

 

[CdwJava]

I live in Georgia and my question is: can you sue the police department or persons there in?

Anyone can sue anyone else for anything. The question is whether you can succeed or not, and, whether you can afford the attorney to conduct the lawsuit on such a gamble.

They had searched my house without me there and with no warrant or reason.

If that were the case, then the search would have been tossed out. Unless, of course, they had consent, exigent circumstances, or someone there was on probation or parole.

They found a blown light blub in the trash, said it was for smoking or doing somekind of drug, they found a straw in my trash can, said it was for doing cocaine, and they found stuff like old leaves and sticks under my couch and said they were pot (NOT!) Anyway, we were taken to jail.

Again, these are issues a court would decide. A good defense might have been able to argue for reasonable doubt.

Next thing Brett knows the police had come in the door and followed him to my son's room, they grabbed him up from his bed, nude, handcuffed him and brought him out to the living room.

It may be improper, but it's not likely unlawful. And the police - for saferty reasons - can often follow someone into the residence. A lot depends on why they were there and what they state as the reasons to make entry.

They had gone to the wrong apartment and after they realized what they had done were too embarassed or whatever to admit it so they just found a way to make us look guilty.

I suppose you have the proof to show that the warrant was incorrect or that they hit the wrong apartment? if so, then any evidence seized should have been suppressed.

Needless to say, and thank God, the charges were dismissed because that court knew and stated it to me, how corrupt this particular police department is.

I doubt the judge said anythin gof the sort - aside from dismissing your case. They may have acknowledged wrongdoing in this matter, but I doubt they made ANY comment about the alleged corruption of the department.

Two things I want to know is can I sue anyone, any department for this wrong doing?

With enough money you can try to sue anyone for anything.

My other question is: If the case was dropped why does it say on the police record no-low (spelling?) I had to get a background check resently and was sure it was clean, come to find out there was a record of the arrest and a plea, which I DID NOT DO.
Can you help and what is the time limit on something like this?

The record appears to reflect no prosecution or no challenge. But the police file is going to be different than the court record. And the record probably reflects your initial arrest and, possibly, their indication of your initial plea or their offer to you.

If you want to correct your criminal history you will need to seek the appropriate recourse in your state for this.

- Carl