Q: Police raid my business causing major damage, cutting my cameras, taking $ from register ... Never arrested or charged
with anything. They left my store wide open. They gave 2 pages of a 33 page search warrant and gave no receipt for anything taken.
Can I recoup ANY of my damages or money and property they stole?
A:
Under California law, you may have legal recourse to seek compensation for damages and losses resulting from an unlawful police raid. Here are a few potential options:
1. File a claim with the city or county: Submit a formal claim with the responsible government entity, detailing the damages and losses you suffered due to the police raid. This is typically a prerequisite before filing a lawsuit.
2. File a lawsuit under the California Tort Claims Act: If your claim is denied or not responded to within a specified time frame, you can file a civil lawsuit against the government entity responsible for the police department, seeking compensation for your losses.
3. Pursue a federal civil rights lawsuit: If the police violated your constitutional rights (e.g., Fourth Amendment rights against unreasonable search and seizure), you might be able to file a lawsuit under 42 U.S.C. § 1983, a federal civil rights statute.
4. Motion for return of property: If the police seized your property without proper justification or documentation, you can file a motion with the court to have your property returned.
It's essential to gather as much evidence as possible, including witness statements, photos of the damage, and any available documentation related to the raid. Consulting with an experienced civil rights or criminal defense attorney can help you assess your options and guide you through the legal process to seek compensation for your damages and losses.
Keep in mind that there are strict time limits for filing claims and lawsuits against government entities in California, so it's important to act promptly to preserve your rights.
A: I suggest you contact the lawyer of your own choosing, and without any delay. If I were you, I would focus on finding a criminal defense lawyer or a civil rights lawyer with experience handling unlawful search and seizure cases. Time is exceedingly important in cases of this nature, and you should act as soon as is reasonably possible. Self help in cases like this can leave you with no remedies, because the deadlines to act can go by before you realize it. Do yourself a favor, and get legal counsel as soon as you can. A good civil rights lawyer will know exactly what steps to take to protect your rights.
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