Search Warrant**************but wrong address.

[ASORAM]

What is the name of your state? California

The Police Department unbolted the front door and entered the house pointing weapons at two adults and a nine year old child. The adults were arrested and when one adult asked why they were being arrested, the officer showed him a search warrant. But the search warrant had a different address.

The sheriff himself went to the location and apologized to the civilians for the error. The police officers agreed to fix the door. Only an apology was offered for their mistake.

Can a lawsuite be filed against the Police Department, not so for the adults but for the nine year old child that experienced that awfully, unjust moment?What is the name of your state?

 

[BelizeBreeze]

What did your attorney tell you?

 

[Hopkins306]

You can sue anyone for anything but as to if you will win. Who knows.

They ARE responsible to pay for any damages they did to your property tho.

 

[The Occultist]

Mistakes happen. That's no reason for you to get rich beyond your wildest dreams. Do you really want to draw a large amount away from their budget, and potentially increase the risks of mistakes like these happening again?

 

[Hopkins306]

and potentially increase the risks of mistakes like these happening again?

Maybe the police will start checking the house numbers before they bust the door open.

 

[The Occultist]

Yes, but suing them for all their money, they're not gonna have enough money to hire a competant force, and so all they'll have are idiots that will continue making stupid mistakes.

OP, since they are paying for the damage done to your door, then the only possible damages left unresolved MIGHT be that your daughter was somehow so mortified by what happened that she now needs counceling, and if that's the case, I'm sure if you speak with somebody from the department they'll be willing to help cover that. Other than that, I see no damages that a court would award.

 

[CdwJava]

CAN you sue? Sure.

Will you win enough to make it worth an attorney's time? Maybe.

You will have to show some demonstrable harm for their to be a substantial monetary gain. They will likely offer to make good on any physical damages, but it is doubtful that they will admit to any real wrongdoing because of the potential for litigation. There is some difference of opinion whether such a 'mea culpa' is a bad thing or not, but the inclination is to avoid a confession of error.

Also, what were the adults arrested for? A SEARCH warrant allows entry to conduct a search, it does not specifically authorize an arrest. Were the occupants detained in handcuffs? Or were they actually arrested on some offense? What were they charged with? There may be some other issues involved here.

- Carl