Has the statue of limitations ran out on my fourth amendment rights?

Asked over 2 years ago - Crossville, TN

I just found out that my fourth amendment rights were violated but it was in 2003. There was damage done to a house and they wanted 2500.00. they came into my home and took my car, my computer, and everything I had of value and gave me a time limit on when I could it back once the monies were turned in. If I'd known then and they counted on me not knowing it wouldn't have happened at all. They have also arrested me for knowing a police officer had child molestion charges in two different counties and I made the mistake of telling them about it and was stalked by said police officer

Attorney answers (1)

  1. James S. Lawrence

    Pro

    Contributor Level 15

    Answered . I will assume you are correct that your 4th amendment rights were violated, and that you did not waive those rights, even though you did not establish either of those facts in your posted question.

    If you are presently being prosecuted for an offense based on what was found during the search, you can raise the question in a motion to suppress evidence, filed in the criminal case. If you are seeking to file a civil lawsuit based on the 4th amendment rights, the actions you complain about took place 9 years ago. In most states, that would be well past the statute of limitations for complaining about someone (including the government) wrongly taking your property. If you were already convicted of an offense, you might be able to reopen the case, raising your 4th amendment claim. If you already lost a civil lawsuit, you can appeal, but only within the proper time for appeal.

    In other words, there is no statute of limitations that directly applies to 4th amendment rights. There are statute of limitation problems for the filing of lawsuits for wrongful taking, whether you raise the 4th amendment or not. There are time limits to appeal the result of a civil or criminal case that has gone against you. In some cases, you can get around the appeal time limits in a criminal case, but not in a civil case.

    There is no law I know of that makes it a crime to know a police officer, or to know that a police officer has charges against him, or to tell people what you know. If you were charged or convicted of such a crime you have a very good legal defense available. I just cannot believe that that is what happened. Perhaps you should tell us the actual crime you were arrested for, that is, the crime that is charged in the charging documents. If your defense to the actual crime charged is that the police officer is lying in retaliation for your actions in talking about him, that is a factual defense that can be raised at a trial, but does not provide a good basis for a pretrial motion to dismiss.

    Contact me at 248-399-6930 for a free consultation. You and I do not have an attorney-client relationship formed... more

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