Can I sue for an illegal search?

Asked almost 2 years ago - 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. Robert Jeffrey Long

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . 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-... more
  2. Curtis Lamar Harrington Jr

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,449 answers this week

2,908 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,449 answers this week

2,908 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary