Search Issue

[akgbob]

What is the name of your state? Illinois

Today we had four police officers enter our appartment searching for an individual they said was using our address. They showed us a picture and we had no clue who he was. They then insisted on coming into the apartment. We said they couldn't without a warrant. They said they had a warrant for his arrest so they could do what they wanted. They searched the apartment and left when they found nothing linked to the individual.

I contacted the police department and was told they shouldn't have entered without a "search warrant" and we should have been given a copy of it.

We never recieved anything. No documents or further explination or anything.

My question is this ... what should we do? We feel violated because we were given no warning and were searched without proper documentation. Are there grounds to sue the police, or even a complaint we can file or something?

Any help would be great.

[CdwJava]

Originally Posted by akgbob

What is the name of your state? Illinois

Today we had four police officers enter our appartment searching for an individual they said was using our address. They showed us a picture and we had no clue who he was. They then insisted on coming into the apartment. We said they couldn't without a warrant. They said they had a warrant for his arrest so they could do what they wanted. They searched the apartment and left when they found nothing linked to the individual.

I contacted the police department and was told they shouldn't have entered without a "search warrant" and we should have been given a copy of it.

We never recieved anything. No documents or further explination or anything.

My question is this ... what should we do? We feel violated because we were given no warning and were searched without proper documentation. Are there grounds to sue the police, or even a complaint we can file or something?

Any help would be great.

You can file a complaint with their employing agency, and you can even get an attorney and see if you have grounds for a lawsuit.

However, it is obvious SOMEONE was giving you bad information.

I believe that in every state, an arrest warrant will give good cause for law enforcement to search the suspect's given residence for the limited purpose of locating the suspect. In many states, it even allows the police to search places that they have good cause to believe he is hiding ... in my state we would need a seperate search warrant.

My guess is that the officers would only have needed a search warrant if your address had not been listed as the suspect's address somewhere. If it was, then chances are they were lawfully able to conduct the search. After all, they cannot be expected to believe people who MIGHT be living with the suspect as they could lie to protect him.

However, the definitive answer would likely come from an attorney in your area. See about getting a consultation. He can get all the facts - including those that you do not have.

Also consider making an appointment to speak to someone in charge at the police department. They might be able to clear the matter up without having to go to an attorney. And if there WERE improprieties, they may want to correct any training problems or misperceptions about the law that their officers have before they expose the agency to greater liability.

As a supervisor and manager myself, I would always like to know when my officers make a serious error so I can make sure it does not happen again.

- Carl