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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


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.

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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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