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If the police come into your with out a search warrant and charge you with something can I sue the city ?

Holland, MI |

Police came into my home with out a search warrant and charged me with possession of weed from less than a gram of stems I am now on probation for 6 months and have a 665 dollar fine to pay and 25 hours of community service this is my first drug charge ever in my life i did not feel I was treated fairly. I have seen people get citations for actual weed and now I have my weed card and from a doctor and I am not allowed to medicate myself for my slipped disc in my back. I would like to sue the city for a list of laws they disobeyed and did not follow the protect and serve motto. I would like to speak to some one about a lawsuit a.s.a.p my cell number is

Attorney Answers 3


More details.

Did someone else consent to the search? Was this in hot pursuit of a suspect? What are the specifics regarding their entry to your home?

This answer is not a substitute for consulting with and retaining the services of an attorney for your legal needs. By providing this answer, I am not entering into an attorney client relationship with you.

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How did you get on probation? If this was a bad search your attorney should of had the case dismissed. If you are now on probation then you either plead to something or was found guilty after a trial. If you plead then you most likely gave up the right to challenge the search. If you went to trial you can challenge the search in your appeal providing you challenged it with the trial court.

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Doesn't sound like you have a case since you've already been convicted. The issues of warrants would have been impactful, had they been part of your defense. Little late now. IFiling a claim against the city can be quite a challenge since they are immune to suits, except in the most unusual circumstances. That said, I am NOT a MI attorney. You should have a chat with one ASAP. I also recommend you contact avvo and ask them to remove your phone number as this is an open public fourm and you may receive all manner of unsolicited calls from non-attorneys. I wish you the best of luck.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

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Rixon Charles Rafter III

Rixon Charles Rafter III


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