Can i sue

[darlaconnors80@]

What is the name of your state (only U.S. law)? Kansas I was arrested and 3 day's after my landlord went into my home without permission then he takes the local cop in with out a warrant or permission my question is can i sue the police

 

[Zigner]

What is the name of your state (only U.S. law)? Kansas I was arrested and 3 day's after my landlord went into my home without permission then he takes the local cop in with out a warrant or permission my question is can i sue the police

Sue them for what? Your recourse would be to attempt to have any evidence found by the warrantless search suppressed. You should work with your attorney on this matter.

 

[Proserpina]

What is the name of your state (only U.S. law)? Kansas I was arrested and 3 day's after my landlord went into my home without permission then he takes the local cop in with out a warrant or permission my question is can i sue the police

For what, exactly?

 

[tranquility]

I may disagree with the previous responses. The violation is 42 USC 1983. Also, many states have a specific statute for violation of civil rights. (Of course, it would depend on the facts. If the police showed up and the landlord had a key and let them in, that is one thing. If they knew he was a landlord and not the possessor, that is another.)

The problem is damages. Hard as it is to believe, federally, our Constitutional rights have no inherent value. If a person, under color of authority, denies you of a right, your damages is how you were hurt. Feel bad's are not compensible. (Simplistic statement. Certainly there could be emotional damages that can be compensated for.)

Even in suing the landlord for trespassing, we have a similar result. You could get an injunction, but, the key to tort law is to put you back where you were. If you were not "hurt" (in money), it's tough to get anything but nominal damages.

Other than the exclusionary rule on evidence, the key is how you were hurt by the infringement. (If it was an infringement. From what you've said, I'd say yes. It's just I don't know all the facts.)

 

[Zigner]

I may disagree with the previous responses. The violation is 42 USC 1983. Also, many states have a specific statute for violation of civil rights. (Of course, it would depend on the facts. If the police showed up and the landlord had a key and let them in, that is one thing. If they knew he was a landlord and not the possessor, that is another.)

The problem is damages. Hard as it is to believe, federally, our Constitutional rights have no inherent value. If a person, under color of authority, denies you of a right, your damages is how you were hurt. Feel bad's are not compensible. (Simplistic statement. Certainly there could be emotional damages that can be compensated for.)

Even in suing the landlord for trespassing, we have a similar result. You could get an injunction, but, the key to tort law is to put you back where you were. If you were not "hurt" (in money), it's tough to get anything but nominal damages.

Other than the exclusionary rule on evidence, the key is how you were hurt by the infringement. (If it was an infringement. From what you've said, I'd say yes. It's just I don't know all the facts.)

I believe that, if the OP were somehow damaged (beyond incriminating evidence), then the OP would have said so

 

[tranquility]

I believe that, if the OP were somehow damaged (beyond incriminating evidence), then the OP would have said so

If the OP has to pay more to his attorney to deal with anything found, that would be damages. Even if it were to be excluded, the cost of the motion should be paid by someone. Incriminating evidence can lead to damages.

 

[FlyingRon]

If the OP has to pay more to his attorney to deal with anything found, that would be damages. Even if it were to be excluded, the cost of the motion should be paid by someone. Incriminating evidence can lead to damages.

They need to show some tangible consequential damage (i.e., the increase in legal fees as a result of the prohibited act).

You also need to be assured (for both the criminal charge, and for your imagined civil rights lawsuit) that there wasn't some circumstance where a warrantless entry was legitimate. You should discuss this with your defense lawyer. You need to deal with this before you worry about suing people.

 

[darlaconnors80@]

I did deal with it my case was dismissed after the motion to supreme was granted due to the fact the landlord had no right to just go in my home and he certainly had no right to take anyone else in there

 

[darlaconnors80@]

Sorry the motion was to supress

 

[darlaconnors80@]

Yes I had to pay for an attorney and I sat in jail for five months and posted bail to get out for nothing

 

[Zigner]

The police may have believed that their entry was legal at the time, based upon the representations of others. If you intend to make a claim against the police and, eventually, sue the police, then you will want to speak to an attorney.

 

[tranquility]

You also need to be assured (for both the criminal charge, and for your imagined civil rights lawsuit) that there wasn't some circumstance where a warrantless entry was legitimate. You should discuss this with your defense lawyer. You need to deal with this before you worry about suing people.

Since the duty is on the government to prove they had the right to cross the threshold without a warrant, the state should provide the assurance.

 

[tranquility]

The police may have believed that their entry was legal at the time, based upon the representations of others. If you intend to make a claim against the police and, eventually, sue the police, then you will want to speak to an attorney.

I agree the OP needs an attorney if he wants to prosecute the case. I also believe the police should not rely on the landlord's right to enter as a right to search. The facts matter. If the landlord was just standing out front with keys and the police had him open the place as they thought he had rights, that is one thing. If they went to the landlord, as a landlord, to open a place they wanted to get in, that is another.

Renters have 4th amendment protections. Even those in a motel or hotel.