Q: When conducting a search warrant can police use excessive force on me and my children even if we are complying?
Police came banging on my door not once did they announce who they were or that they had a search warrant. I grabbed my pitbull and asked if I can put her in the kennel before they completely broke down my door . They kicked it in and all i can see is guns pointing at me and my two children and hear officers yelling I kept calm and asked multiple times if I can put my dog who was barking crazy in the kennel I was being cursed at called every insulting name you can think of then I was dragged out my apartment they repeatedly slammed my head into the wall while handcuffed then my 16 yr old who was recording was tackled by 4 officers and dragged by her feet out the house and repeatedly hit also in handcuffs while my 8 year old screamed in terror they proceeded to arrest my bf who had a parole violation the police continued to verbally assault me and my children and my bf and I were arrested me and my dghtr are covered thru out our body in bruises, and cuts and extremely traumatized.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Under Utah law and the U.S. Constitution, police are required to conduct themselves in a manner that respects your civil rights, even when executing a search warrant. The use of force must be reasonable and proportionate to the situation. Excessive force, especially when you and your children are complying, is not permissible.
If you believe that the police used excessive force during the search warrant execution, you have the right to take legal action. Document all injuries and damages, including taking photographs and seeking medical attention as needed for you and your children.
It's advisable to contact a civil rights attorney as soon as possible. They can review the details of your case, advise you on your rights, and guide you through the process of filing a complaint or lawsuit.
Remember to keep any evidence, such as your daughter's recording, as it could be crucial in proving your claims. Your attorney can also help you navigate any criminal charges that arose from the incident, ensuring that your rights are protected throughout the legal process.
Experiencing such a traumatic event can be overwhelming, but legal support can help you seek justice and hold the responsible parties accountable for their actions.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
