Remedies for officer trespass?

[seniorjudge]

"...Also, they didn't enter and search for a phone number; they entered and demanded that my FIL tell them his brother's phone number...."


Is this correct?: Police officers walked in your FIL's house uninvited and asked for a phone number.

 

[ktg]

That is correct.

 

[seniorjudge]

Two questions:

(1) HOW was FIL damaged? (How was his life different after the incident)

and

(2) HOW MUCH were his damages (dollar amount)?

 

[ktg]

He was damaged when his Fourth Amendment Right was violated. Clearly there was no monetary damage. He is interested in making a point here, not in making money.

 

[Florid-aise]

To answer your questions (per seniorjudge's request):

How much research have I done?
Not a lot, but I did come across this article in the course of Googling the issue, and thought it was interesting.
http://policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=299&issue_id=52004

Does my FIL know these officers?
Yes, everyone knows everyone in that town, and my FIL does know these two officers, and they apparently haven't gotten along well in the past (no, my FIL has never been convicted of or charged with a crime - he's just kind of a cantankerous guy). Also, they didn't enter and search for a phone number; they entered and demanded that my FIL tell them his brother's phone number.

Do I really not know who to complain to?
Of course my FIL has complained to the Chief of Police. He just doesn't think it will do any good.

Just as I thought might be the case, everybody knows everybody else, including the officers. This is not a bad thing. In order to establish a 1983 claim in the first place, a pattern of conduct has to be established [only one of several factors that must be established]. That is a real "tuffy" in a big city sometimes when nobody knows anybody else.

The article is a great primer on 1983 and what is happening with it. 1983 has reached some drastic results in the LE community, resulting in damage awards, big ones too. Your FIL is going to want to get an attorney to press the issue. Strong reasons there.

Just so that you know. SeniorJudge, CdwJava...and it sounds corney I know, but yes, even HomeGuru; these are the good guys here and have lots to contribute that is more than useful.

 

[seniorjudge]

"He was damaged when his Fourth Amendment Right was violated."
How?

"Clearly there was no monetary damage. He is interested in making a point here, not in making money."
He will need a lot of money to make this point; hiring lawyers to go in to federal court is very expensive.

That is, if he can even find a lawyer. A lot of lawyers (the smart ones) will not take cases where "making a point" is the avowed purpose of the client. The reason for that is, no one ever knows when the lawsuit is finished and no one ever knows when the client is happy. A lot of malpractice complaints against lawyers are from people who started a lawsuit "not for the money but for the principle of the thing."

 

[ktg]

Thanks Florid-aise.

 

[seniorjudge]

...Just so that you know. SeniorJudge, CdwJava...and it sounds corney I know, but yes, even HomeGuru; these are the good guys here and have lots to contribute that is more than useful....

So far, if what OP says is true, these guys should be fired at once.

I was trying to make OP see a few points that he needed to know.

Suing a tiny town with no money is going to be expensive, long, arduous, and fraught with peril...then you wind up with no dough and maybe a judgment and maybe not.

Just as long as OP and FIL know this going into the mission, then let them go for it!

 

[Florid-aise]

Thanks Florid-aise.

Please understand this too. There may be no true 4th Amendment violation here. Unorthodox? Rude? Unconventional? I think universal agreement is had on those points. A 1983 action is really not one that can be handled without an attorney, and an attorney in this type of case cannot help but be costly.

You should also know, (because I know it already), that everyone here responding to you feels your frustration, and would not tolerate it lying down if it were happening to them personally.

You are among friends.

 

[seniorjudge]

I have been a prosecutor.

Bad judges are bad enough, but a bad prosecutor can literally ruin someone and not a whole lot can be done about it.

I always told people, "I could have a press conference and say that I was not going to file meth manufacturing charges against you. I wouldn't have to give a reason. If the reason was because you've never done that in your life, I don't have to tell the press that. And your life would be ruined."

I still have my list, though.....

 

[Florid-aise]

I have been a prosecutor.

Bad judges are bad enough, but a bad prosecutor can literally ruin someone and not a whole lot can be done about it.

I always told people, "I could have a press conference and say that I was not going to file meth manufacturing charges against you. I wouldn't have to give a reason. If the reason was because you've never done that in your life, I don't have to tell the press that. And your life would be ruined."

I still have my list, though.....

Do you understand what is being said here ktg? Words are powerful things. Even when non-accusing or un-accusing. In the right/wrong hands.

Now about this list, SJ.........

 

[ktg]

No, I don't quite understand what is being said. Are you telling me to seek the aid of a bad prosecutor? Or are you suggesting that I am making false accusations?

Anyway, I think I'll just call those officers and let them know that you guys have the phone number.

Just kidding.

 

[CdwJava]

Proof might be the tough part here. Since they are all at least acquanitances, and there appears to be no independent witnesses, FIL will say I told them to stay out and they pushed their way inside and demanded the phone number.

The other side of the story could be, "We came to talk to our pal thinking he might have some information we sought. He opened the door, and we stepped inside the threshold and asked him for the information. He told us to leave and we asked for the number again while we were on our way out."

I think that proving a clear violation of the 4th under a 1983 action will be nearly impossible given the circumstances.

- Carl

 

[jdkquarterhorse]

How sad it is to see our society have to "bow down" to anyone with a badge, even when they are clearly wrong. I have always had the belief (raised that way) that officers of the law, whether PD, Sheriff, Animal Control, or otherwise were there to "Protect and Serve" not harass citizens or ignore the law themselves. While I an not the one to take on a civil action (I am not in the legal field nor do I have the funds or desire to enter litigation) I will, however, be fighting my ticket and still firmly believe that my home (and property) is my castle and should not be tresspassed upon without just cause. I do hope that someone out there does have the ability and desire to stand for what is right and take on out of control authority.