Can you bring a civil suit against the police department for unlawful entry?

Asked over 4 years ago - Chicago, IL

The police did not have a warrent. Also I want to know how long can the police hold you without a phone call? Also can a suit be put in place for distress. They had my son whom by the way is one, and my sister's children crying and really scared can something be done about this. Does it voliate your rights by not being able to call someone or by not giving that person anything to eat

Attorney answers (3)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . A violation of a clearly established constitutional right under color of law gives rise to a Section 1983 civil rights lawsuit. In this situation, you may have a civil rights violation but you should see a lawyer in your locale to fully discuss your situation.

    The laws that protect citizens against government misconduct are commonly called civil rights laws. False arrest, denial of needed medical care while in prison, false imprisonment and use of excessive force during an arrest are but four common examples.

    You might find my Legal Guide helpful "How to Choose A Lawyer For You"

    http://www.avvo.com/legal-guides/ugc/how-to-cho...

    You might find my Legal Guide helpful " What Do I Tell My Lawyer"

    http://www.avvo.com/legal-guides/ugc/what-do-i-...

    You may find help in my Legal Guide "What is a Civil Right?"

    http://www.avvo.com/legal-guides/ugc/what-is-a-...

    Act quickly because such lawsuits have strict time limits, called statutes of limitations.
    If you have a search and seizure violation act quickly to bring your claim.

    Good luck to you.

    NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding.

  2. Leo Glickman

    Contributor Level 11

    Answered . The police can only enter your home without an arrest warrant or search warrant if you consent to their entry, they are in hot pursuit of a fleeing felon, or an emergency situation. If none of those apply, then you indeed will have a cause of action against the police for unlawful entry.

  3. Jonathan H Levy

    Contributor Level 20

    Answered . I agree with Mr. Glickman but it is not clear if one of those exceptions apply without further facts.

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