Q: Can law enforcement involve victims in a case, risking our safety?

A: They absolutely shouldn't, but they do all the time. Inviting someone who threatened your life to show up during a search warrant at your home is not just reckless—it’s a complete failure of their duty to protect you. Unfortunately, this kind of behavior isn’t as rare as it should be, and it’s a pretty messed-up example of how counterproductive the system can be.

Legally speaking, you might have a case for a civil rights violation under 42 U.S.C. § 1983. When law enforcement knowingly puts you at risk like this, it can be considered a failure to protect or even deliberate indifference to your safety. Plus, this might also violate your 14th Amendment rights to due process and equal protection.

I’d recommend a few things:

1) File a formal complaint with Internal Affairs and maybe even the state’s Department of Public Safety. The more pressure and paper trail you create, the harder it’ll be for them to ignore what happened.

2) Request body cam footage and reports related to the search and the drive-by shooting. Seeing what really went down might help if you decide to take legal action.

3) Think about getting a restraining order if you haven’t already, just to have some legal protection in place.

Honestly, it’s probably worth talking to a civil rights attorney. They can help figure out if you have grounds for a lawsuit against the department for failing to protect you.

4) Keep detailed records of everything—police interactions, threats, incidents—because the more evidence you have, the stronger your case will be.

I get that dealing with law enforcement can feel like fighting an uphill battle, especially when it seems like they’re the ones putting you in danger. But you shouldn’t have to just accept it, which is why I would strongly recommend contacting a civil rights attorney.

I hope this helps. Best of luck.

A: Law enforcement has a duty to protect all parties involved in criminal investigations, including both victims and suspects, and generally should not create situations that place individuals at foreseeable risk of harm. The actions you describe—where officers invited a person who had previously threatened you to your property during the execution of a search warrant—raise significant concerns about proper police protocol and potential negligence in their duty of care.

This situation appears particularly troubling given that you had previously filed police reports documenting the threats against you and your wife. Police departments typically have internal policies governing victim involvement during search warrant executions, and these policies almost universally prioritize safety considerations. The subsequent drive-by shooting demonstrates precisely why such safeguards exist and suggests a potential failure in the department's risk assessment procedures.

You may have grounds for legal action under California law, potentially including claims for negligence, failure to protect, or violation of your constitutional rights to safety and security. We recommend documenting all relevant details of these incidents, including dates, names of officers involved, and copies of previous police reports filed. Our firm can help evaluate whether the department followed appropriate protocols and determine what legal remedies might be available to address both the harm suffered and to prevent similar dangerous situations in the future.