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Can I sue for an illegal search?

Chicago, IL |

Under the claim that I stole an object from someone police conducted a search of my belongings where I reside with the permission of the home's owners. They did not have a warrant. I was not present when this occurred and did not give permission for it. However, I walked up on it as the police were finishing their search. I was able to avoid contact with them. I then observed that articles of mine had been moved from where I had left them. The home owner is a witness for me. The claim of theft has not been pursued. I believe that the police woman who led this action has a personal vendetta against me as she falsely arrested me in the past and had come under criticism as I made this fact known to numerous influential individuals.

Attorney Answers 2


  1. From this description, it doesn't sound promising. You seem to be living in a home where you don't have exclusive rights of possession. In that setting the owner can give permission for a search. Plus, if nothing was seized, and you weren't charged, you have no recoverable damages. While this is intrusive and disturbing, it's not enough on its face to justify a lawsuit.

    Please be sure to mark the best answer to your question. My answers are general and do not form an attorney-client relationship. I'm happy to talk to prospective clients in my areas of concentration and geographical location.


  2. Violation of civil right if you can prove the personal vendetta as the intentional wrongful basis for the intrusion, but its a huge threshold to overcome.

    Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.

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