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  #1  
Old 01-06-2005, 02:23 PM
ktg ktg is offline
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Remedies for officer trespass?

What is the name of your state?State: Ohio.
If officers enter without probable cause but do not search or seize anything (i.e. no criminal case or evidence to suppress), are there alternative remedies on civil or constitutional grounds? Are police officers immune from tort liability based on trespass?
Here, police entered my father in-law's home despite being told they could not enter. They supposedly entered in order to get my in-law's brother's phone number (the brother lives in a different state) in connection with a civil case that was filed against the brother. Sounds strange, I know, but true.
Also, to whom should a letter of complaint be addressed? This is a tiny town with a very small police department.
Any advice appreciated. Thanks.
  #2  
Old 01-06-2005, 04:50 PM
seniorjudge
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"If officers enter without probable cause but do not search or seize anything (i.e. no criminal case or evidence to suppress), are there alternative remedies on civil or constitutional grounds?"
No.

"Are police officers immune from tort liability based on trespass?"
Yes.

"Also, to whom should a letter of complaint be addressed?"
Chief of Police.
  #3  
Old 01-07-2005, 10:31 AM
ktg ktg is offline
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What about 42 usc 1983?
  #4  
Old 01-07-2005, 10:36 AM
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Quote:
Originally Posted by ktg
What about 42 usc 1983?
There is a crack in the armour of 1983 that allows a wee bit of leeway into the sanctity of law enforcement. Tough to do. It is tough to do. But it is being done.

Cure my curiosity. Why is it that LE officers are doing the legwork on a civil case anyway?
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  #5  
Old 01-07-2005, 10:38 AM
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Quote:
Originally Posted by ktg
What about 42 usc 1983?
What about it?
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Quote:
Originally Posted by me
Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket.
  #6  
Old 01-07-2005, 10:39 AM
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Quote:
Originally Posted by ktg
What is the name of your state?State: Ohio.
If officers enter without probable cause but do not search or seize anything (i.e. no criminal case or evidence to suppress), are there alternative remedies on civil or constitutional grounds? Are police officers immune from tort liability based on trespass?
Here, police entered my father in-law's home despite being told they could not enter. They supposedly entered in order to get my in-law's brother's phone number (the brother lives in a different state) in connection with a civil case that was filed against the brother. Sounds strange, I know, but true.
Also, to whom should a letter of complaint be addressed? This is a tiny town with a very small police department.
Any advice appreciated. Thanks.
**A: is the town so tiny that the mayor doubles as the chief of police and the town drunk at the same time? Good grief, you really don't know who to write to?
Last edited by HomeGuru; 01-07-2005 at 10:54 AM.
  #7  
Old 01-07-2005, 10:44 AM
ktg ktg is offline
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Thanks for your response. I really don't know why they were getting involved. My father in law thinks the officers are friends of the woman suing his brother. It sounds bizarre to me too.
  #8  
Old 01-07-2005, 10:50 AM
seniorjudge
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Quote:
Originally Posted by ktg
...My father in law thinks the officers are friends of the woman suing his brother....
Ah!

Now we are getting somewhere. Tell us about this.
  #9  
Old 01-07-2005, 10:55 AM
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There is a lot more to this story from this tiny town.
  #10  
Old 01-07-2005, 11:10 AM
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Doncha just love to watch a great mystery unfold?


That's why I call "Dibbs" on the movie rights guys.
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The opinions herein above-made are expressly the product of personal experience and observation, in an open forum for discussion as to direction to an attorney. As with any possible legal cause, seek the advice of an attorney. Seek though, a qualified and competent attorney.

"I beseech you to treasure up in your hearts these my parting words. Be ashamed to die until you have won some victory for humanity." -- Horace Mann
  #11  
Old 01-07-2005, 11:10 AM
ktg ktg is offline
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The brother used to own a business in town but sold it and moved out of state. He is now being sued by a former employee of his (who still lives in town) for sexual harrassment and/or wrongful termination (she was fired - I have no idea if her case has merit). But, my father in law is not at all involved in that lawsuit, so I thought it was pretty outrageous that the police would 1) get involved, and 2) enter his home.
  #12  
Old 01-07-2005, 11:11 AM
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What is your background in law, ktg?
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The opinions herein above-made are expressly the product of personal experience and observation, in an open forum for discussion as to direction to an attorney. As with any possible legal cause, seek the advice of an attorney. Seek though, a qualified and competent attorney.

"I beseech you to treasure up in your hearts these my parting words. Be ashamed to die until you have won some victory for humanity." -- Horace Mann
  #13  
Old 01-07-2005, 11:15 AM
ktg ktg is offline
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Still a novice.
  #14  
Old 01-07-2005, 11:18 AM
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Quote:
Originally Posted by ktg
Still a novice.
Fill me in as to how deep into 1983 you have delved so far.
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The opinions herein above-made are expressly the product of personal experience and observation, in an open forum for discussion as to direction to an attorney. As with any possible legal cause, seek the advice of an attorney. Seek though, a qualified and competent attorney.

"I beseech you to treasure up in your hearts these my parting words. Be ashamed to die until you have won some victory for humanity." -- Horace Mann
  #15  
Old 01-07-2005, 11:22 AM
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Good question of which we already know the answer to.
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