I believe i was wrongfully searched and was arrested , can i sue?

Asked over 1 year ago - Baltimore, MD

The statement of probable cause is false

Attorney answers (5)

  1. Thomas C Valkenet

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . You don't say when you were arrested, but there have been serious instances of Baltimore police wrongly swearing out arrest warrants and probable cause statements. Read the saga of one bad cop, at the link, below.

  2. Warren E Tydings Jr

    Contributor Level 12

    1

    Lawyer agrees

    Answered . Unlikely that you could sue and win. However, you should contact an attorney right away. A good criminal attorney can challenge the search/seizure/arrest if your rights were violated or there was no probable cause. That depends on the facts and circumstances. You do not say what the charge is but I will assume it is criminal. Many of us offer free consultations. Good luck.

    This response is based on information provided. Many variables may exist that can only be addressed in an... more
  3. Richard Stefan Lurye

    Pro

    Contributor Level 12

    1

    Lawyer agrees

    Answered . You have asked if you can sue for a "wrongful" search and arrest. The only way to find out is to retain an attorney for a consultation and give her total disclosure concerning the facts for your potential case. You need to do this immediately because there are time limits both to (1) give notice of your potential suit, and (2) file your suit. Notice means that you must provide written notice to the government subdivision that employees the persons and entities who may have committed the search. The time period for you to give notice is very short so you should get a very prompt consultation. You should cross check the Avvo attorney lists for a lawyer who appears both in the Civil Rights and Criminal Forums. I wish you well.

    This is not legal advice it is general information intended to guide you to speak directly with a lawyer who is... more
  4. William J Mertens

    Contributor Level 11

    Answered . It all depends on the facts. And one very important part of the facts is what the police themselves are saying – be it true or false. There are in theory legal remedies for this kind of police misconduct. I have successfully sued the police in the past for similar misconduct, and I’m sure other attorneys here have, too. But these lawsuits can be difficult and complicated. There are many barriers to overcome.

    If you want to discuss the facts of your situation with me in greater detail, contact me, and I may be able to give a more specific answer. But as others have said or implied, if you have been charged with a crime, the most important thing by far is to work with your criminal defense attorney and deal with that first.

  5. Alan James Brinkmeier

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Unlikely

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