4th amendment violation on our property. Warrant changed on site. Have affidavit.

Asked over 1 year ago - Banning, CA

Law enforcement, Code Enforcement, Wild Justice filming event; They used drug dogs and guns pointed and detained people living on our ranch (son and daughter with her boyfriend), searched apartments.. Neighbor was the one growing marijuana and stealing electricity. No arrests. Affidavit states that "neighbor" was living on our property (not so) he has a mansion next door. Neighbor had warrant served at same time. They confiscated his plants and had Edison remove meter to his property. They searched our entire property for a couple hours while detaining people. Our greenhouse was tromped through (we grow vegetables). When they realized their HUGE error they wrote up code violations.

Attorney answers (4)

  1. Malosack Berjis

    Contributor Level 20

    2

    Lawyers agree

    Answered . And, what is your question, please?

  2. Donald George Rehkopf

    Contributor Level 11

    3

    Lawyers agree

    Answered . You need to discuss this with a California attorney experienced in filing claims against the government. You don't say whether it was the local police, County Sheriff, State police or feds that conducted the "raid." If you have documented damages, e.g., to your greenhouse or crops, be advised that you also MAY have to file a "Notice of Claim" and there are generally short time-frames to do that so as to preserve your legal rights. You MIGHT also have a claim under the federal Civil Rights law, 42 US Code 1983 -- again, only an attorney who practices in that area and who has access to all of the facts -- should be consulted. Good luck.

  3. Rixon Charles Rafter III

    Contributor Level 20

    2

    Lawyers agree

    Answered . Were you looking to sue? Recover for damages? Fight the code violations?

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more
  4. William J Mertens

    Contributor Level 11

    Answered . You've gotten sound advice that if you may want to sue, you need to consult a CA lawyer, preferably one with experience suing the police. From your description, I'm confused on some points about what exactly happened. One general thing that may be relevant: There are a number of cases saying that the police are not necessarily violating the law, or that at least they may have immunity from suit, even when they mistakenly raid the wrong premises pursuant to a search warrant. But their mistake must be "reasonable." What's a "reasonable mistake" depends on all the particular facts and circumstances and also, to be frank about it, on the particular court or judge deciding the question. One additional point: The police invited a private filming crew along to record the event? Conceivably, the police could be liable for that additional intrusion on your privacy. (I'm adding an additional tag to your question for "invasion of privacy.")

    Good luck.

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