almondnuts
Junior Member
west virginia- i am a newby to this forum as well as computers.
i have a case going to trial in the southern district court in charleston wv.
police kicked in my door, forced their way in and took me to the ground outside at gunpoint where i was cuffed and struck in the back of the head repeatedly. 3 of my friends were also detained. my residence as well as the vehicles of my friends were searched. there was no warrant, probable cause or exigent circumstances. we were detained for 4 hours. no charges were filed or official arrests made. apologies were made and police left.
they stated that they "thought" the residence was abandoned to justify warrantless search and seizure. i have since proven residency so now they blame a neighbor for reporting that "no one lives there to claim protection under qualified immunity. officers made no attempt at making contact with me or investigating the state of the residence prior to forcibly entering, seizing the occupants and searching the residence. is there not a policy or procedure they have to follow before making a warrantless search and seizure? i have not found such policy and one has not been provided by the defendants. can i not sue the city for not having or implementing a policy that would prevent an incident as such to take place. i need some help!
i have a case going to trial in the southern district court in charleston wv.
police kicked in my door, forced their way in and took me to the ground outside at gunpoint where i was cuffed and struck in the back of the head repeatedly. 3 of my friends were also detained. my residence as well as the vehicles of my friends were searched. there was no warrant, probable cause or exigent circumstances. we were detained for 4 hours. no charges were filed or official arrests made. apologies were made and police left.
they stated that they "thought" the residence was abandoned to justify warrantless search and seizure. i have since proven residency so now they blame a neighbor for reporting that "no one lives there to claim protection under qualified immunity. officers made no attempt at making contact with me or investigating the state of the residence prior to forcibly entering, seizing the occupants and searching the residence. is there not a policy or procedure they have to follow before making a warrantless search and seizure? i have not found such policy and one has not been provided by the defendants. can i not sue the city for not having or implementing a policy that would prevent an incident as such to take place. i need some help!