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The police searched my car without a search warrant pieced lies in the probable cause for court purpose do I have a lawsuit?

Hoffman Estates, IL |

Police came to my work to serve me with an order of protection. From hear say they got a tip that I had 2 guns in my car and I'll use them if I have to based off a 100 day old text message coming from my old number. I was working at the hospital when they came to my work. My supervisor was standing next to me and they asked her to grab my belongings from the nurses station. She grabbed it for them gave them my bag and they pulled out my keys, drivers license, and FOID card. He then put me in hand cuffs after obtaining my keys and drove me to my mothers vehicle in the parking lot. He used my keys to open the door and phone the gun and charged me with AUUW. He lied in probable cause and said that I admitted to driving there and that the gun was in plain view. What can be done?

Attorney Answers 3


  1. You can tell all to your criminal defense attorney who will validate the facts and determine if any evidence illegally seized can be excluded. Other than that not so much.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. 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 or any other matter.


  2. You definitely do not have the basis for a civil lawsuit and need to concentrate your efforts on defending the criminal lawsuits. I always find it interesting when people are surprised that police officers lie. 70% of the population admits to lying on a daily basis and 90% of the population admits to lying at least once a week. As a judge, I knew in every case that multiple witnesses (including cops) would be lying. So, I would not get overly focused on that other than if the case goes to trial making sure that the jury members do not think that police officers are more trustworthy.

    You need to hire a criminal defense attorney in order to see if there is a basis to suppress some or all of the evidence.

    The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.


  3. What can be done is that you can hire a criminal defense attorney in your area to defend you in the criminal case.

    R. Jason de Groot, Esq.,

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