My house got raided in Joliet il. The warrant stated that there was supposed to be packaged cocaine packaged money and drug records there. There was none. I later learned that all someone has to say is that they seen it in your house and tell a judge that and the judge signs the warrant. The made a lot of damage the house my kids seen it and are scared to this day my mom that jut had surgery on her spine got put on the floor and they found nothing because nothing was ever there. Can I take any actions or am I just s.o.l?
Criminal Defense Attorney
First, it is not true that a warrant can legally issue because "someone" claims to have seen drugs in your house. There are standards governing how the police are to assess the credibility of information provided to them. Was it a confidential informant with a proven track record? Was it a concerned citizen who can be presumed reliable? Did the police take any steps to independently verify the information received? If you can show that the police intentionally, or even recklessly, included false information in the affidavit for the search warrant, you certainly may have a viable claim entitling you to compensation. If you Google Section 1983 of the United Staes Code (USC) you will find information regarding civil actions against police for violations of federally protected rights under color of state law. Because federal courts have jurisdiction in such cases, you would be well-advised to consult with an attorney with federal court civil litigation experience. Most of us would provide you a free consultation in relation to this case. But do not delay, there are strictly enforced deadlines regarding notice of the claim and taking leagl action.
Civil Rights Attorney
The search warrant needed to be signed by a judge. Typically, there will be one officer (the affiant) and a "John Doe" that appear before the judge and present a complaint for search warrant where the "John Doe" will state under oath that he either saw or purchased cocaine from you at the home. The judge will determine that there is probable cause to sign the search warrant that allows the officers to enter and search your home, Unless you can prove that the officers made-up the John Doe, or knew the John Doe was lying, there is not much you can do. In some cities, like Chicago, you can put in a request for compensation for any physical damage that occurred during the execution of the search warrant. I would contact City Hall and see if Joliet has such a program.
Criminal Defense Attorney
The fact that they had a warrant gives the police the right to enter and search. However, if they were overly destructive or harmed anyone inside you might have a case for excessive force. i would suggest contacting a civil rights attorney to discuss the case. i would be happy to help if i can.