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4th amendment violation/apartment search on my audiio recorder, police "lost" video

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kecochra

Junior Member
4th amendment violation/apartment search on my audiio recorder, police "lost" video

What is the name of your state (only U.S. law)? Arizona

I had 911 called on me falsely by a Realtor who conducted fraud (he is in criminal court for false 911 and fraud/theft).
He came to my apartment to threaten me to not press charges against him.
I had a recorder in my pocket.
I asked Realtor to leave, the Realtor then called 911 and falsely said I would shoot "anyone who came in my apartment".

I was street side standing next to the Realtor and we were 150 feet away from my locked apartment.

SWAT shows up with 10 machine guns pointed at me, I tell them I don't give permission to search my apartment, one of the officers hits me on the chest and says "were goin in anyway" and goes in my pocket to get my apartment keys while I am cuffed.

Swat searches my apartment then left after uncuffing me.

The Realtor leaves.

again, all on tape.

What can I do? I filed a $50,000 notice of claim with the City where I live and they denied my claim. I contacted Lawyers who said I didn't have any damages (isn't the 4th amendment violation a damage? and the treatment by the Police?) Also, do I have 2 years to file a Civil Rights (1983 type) claim?

Can the Police simply get away with this and claim "public safety concerns" Sounds like BS to me.

The Police have "lost" their video of this. If they have nothing to hide, where is their video? Again, I have a full, clear audio recording.
 


CdwJava

Senior Member
Sure, you can sue. And if you prevail you could get a nominal award. if you sued in federal court under a 1983 action and prevailed, you might get $1, but your attorney could get ALL of his money.

However, it will likely cost you $20,000 or more simply to get started on such a lawsuit. And, without any articulable damages, there's not likely to be any attorney who will take the issue on contingency. But, you can keep asking around if you want. Apparently this clear audio recording is not sufficient at all for the attorneys you have spoken with. And, keep in mind, that if the police are reasonably acting on the information provided, if intentional and knowingly FALSE information was provided by the realtor, the REALTOR should be the person you are suing because the police are often able to act upon information provided to them (not always, but, often).

Oh, and depending on the circumstances, yes, they may very well have had probable cause and an exigency to justify a warrantless search. Such an issue would have to be considered on all the facts and would be impossible for us, here, to evaluate since we do not HAVE all the facts.

So, you can call and complain to the agency. You can continue consulting attorneys. You can complain to the city or county that employes the officers involved, You can contact the media, or start a web page or social media site to spout off against the injustices you feel were done. Or, any combination of the above.
 

kecochra

Junior Member
Sure, you can sue. And if you prevail you could get a nominal award. if you sued in federal court under a 1983 action and prevailed, you might get $1, but your attorney could get ALL of his money.

However, it will likely cost you $20,000 or more simply to get started on such a lawsuit. And, without any articulable damages, there's not likely to be any attorney who will take the issue on contingency. But, you can keep asking around if you want. Apparently this clear audio recording is not sufficient at all for the attorneys you have spoken with. And, keep in mind, that if the police are reasonably acting on the information provided, if intentional and knowingly FALSE information was provided by the realtor, the REALTOR should be the person you are suing because the police are often able to act upon information provided to them (not always, but, often).

Oh, and depending on the circumstances, yes, they may very well have had probable cause and an exigency to justify a warrantless search. Such an issue would have to be considered on all the facts and would be impossible for us, here, to evaluate since we do not HAVE all the facts.

So, you can call and complain to the agency. You can continue consulting attorneys. You can complain to the city or county that employes the officers involved, You can contact the media, or start a web page or social media site to spout off against the injustices you feel were done. Or, any combination of the above.
Excellent advice, thank you!
 
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