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Remedies for officer trespass?

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K

ktg

Junior Member
What is the name of your state?State: Ohio.
If officers enter without probable cause but do not search or seize anything (i.e. no criminal case or evidence to suppress), are there alternative remedies on civil or constitutional grounds? Are police officers immune from tort liability based on trespass?
Here, police entered my father in-law's home despite being told they could not enter. They supposedly entered in order to get my in-law's brother's phone number (the brother lives in a different state) in connection with a civil case that was filed against the brother. Sounds strange, I know, but true.
Also, to whom should a letter of complaint be addressed? This is a tiny town with a very small police department.
Any advice appreciated. Thanks.
 


S

seniorjudge

Guest
"If officers enter without probable cause but do not search or seize anything (i.e. no criminal case or evidence to suppress), are there alternative remedies on civil or constitutional grounds?"
No.

"Are police officers immune from tort liability based on trespass?"
Yes.

"Also, to whom should a letter of complaint be addressed?"
Chief of Police.
 
F

Florid-aise

Member
ktg said:
What about 42 usc 1983?
Click to expand...
There is a crack in the armour of 1983 that allows a wee bit of leeway into the sanctity of law enforcement. Tough to do. It is tough to do. But it is being done.

Cure my curiosity. Why is it that LE officers are doing the legwork on a civil case anyway?
 
H

HomeGuru

Senior Member
ktg said:
What is the name of your state?State: Ohio.
If officers enter without probable cause but do not search or seize anything (i.e. no criminal case or evidence to suppress), are there alternative remedies on civil or constitutional grounds? Are police officers immune from tort liability based on trespass?
Here, police entered my father in-law's home despite being told they could not enter. They supposedly entered in order to get my in-law's brother's phone number (the brother lives in a different state) in connection with a civil case that was filed against the brother. Sounds strange, I know, but true.
Also, to whom should a letter of complaint be addressed? This is a tiny town with a very small police department.
Any advice appreciated. Thanks.
Click to expand...
**A: is the town so tiny that the mayor doubles as the chief of police and the town drunk at the same time? Good grief, you really don't know who to write to?
 
Last edited:
K

ktg

Junior Member
Thanks for your response. I really don't know why they were getting involved. My father in law thinks the officers are friends of the woman suing his brother. It sounds bizarre to me too.
 
S

seniorjudge

Guest
ktg said:
...My father in law thinks the officers are friends of the woman suing his brother....
Click to expand...
Ah!

Now we are getting somewhere. Tell us about this.
 
K

ktg

Junior Member
The brother used to own a business in town but sold it and moved out of state. He is now being sued by a former employee of his (who still lives in town) for sexual harrassment and/or wrongful termination (she was fired - I have no idea if her case has merit). But, my father in law is not at all involved in that lawsuit, so I thought it was pretty outrageous that the police would 1) get involved, and 2) enter his home.
 
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