Coatesville, IN asked in Criminal Law and Civil Rights for Indiana

Q: If I tell an officer he can't come in and search for someone without a warrant and he tries to get in my house anyway

Is that a crime

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1 Lawyer Answer
James A Hanson
James A Hanson
Answered
  • Criminal Law Lawyer
  • Fort Wayne, IN
  • Licensed in Indiana

A: Short answer: No.

The 4th Amendment protects you from unwarranted searches and seizures (subject to a truckload of exceptions that make it more holes than wall).

The remedy for a violation of the 4th Amendment is the exclusion of any evidence found or seized.

However, if you have the right set of facts and circumstances, you can sue in civil court in what is known as a section 1983 case. You have to deal with qualified immunity for the officers even if your facts amount to a prime facie case. You will want to get an attorney that knows how to put a section 1983 case together properly as these cases are difficult and are routinely dismissed.

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