is this violation of civil rights

[angeline25]

violation of civil rights, what does it mean? my sons rights were violated so i am told. I dont know what to do about it. he was at his grandfathers house when the police came busting through the door. They had no search warrant, no consent from anyone in the house and no probable cause to enter the house. they made everyone in the house go outside and would not let my seven year old scared to death son go to his grandfather. i have been told that this is false aresst no one was ever brought up on the charges for the reason they entered the house they were dropped. i need some advise on what to do about this. my son has had several nightmare since this has happened, and he has been to see a doctor. He always wanted to be a police officer but know he is scared to death of them and cries when he sees one.I dont know if i should contact a laywer or not but, i am a very angry mother. If anyone has any advice please let me know. Angry in oklahoma

 

[ALawyer]

In order to give you an answer someone would have to know a lot more than I now do.

Police are not supposed to just bust in without a warrant or probable cause. And they don't, unless there was a mistake, such as they enetered the wrong house. But if they got a report -- for example -- from a reliable source that the grandfather was a child molester and abusing your son and they thought they had a warrant, that would be a different story (even if the judge had not yet issued one).

The property owner has a claim against the police for the improper entry. Your son might too. But that really depends on all the facts, and I don't know the facts.

 

[angeline25]

is this a violation of civil rights

Alaywer, Thank you for responding.There was no kinda of abuse with my son. The reason the police gave for comming into the house was a fourth amendment right waiver that was adopted by the California coutrs, that is not legal in the state of Oklahoma. The town where this happened is the only town in the State of Oklahoma that uses this. Still with the waiver it seems to me that the waiver would only pertain to the person that signed the waiver that by the way expired a year earlier. And not everyone in the house. Still my question is should i contact a laywer i dont want this to happen to anyone else.

 

[Jack Mevorach, Esq.]

Contact a local criminal defense attorney.