Do I have any recourse after an illegal search? 1 Answers as of June 13, 2011
This happened in Gastonia, North Carolina. I am at my buddys house with another friend and the owner of the house is not there. There is a knock on the door. He opens the door. There are three cops outside and they ask if he is the owner of the house. He says no. They ask to speak to him and he says yes and walks outside. The cops say that they can smell pot and push him back in the house and tell us not to move. Well after searching us and finding nothing they want our IDs and we comply. I ask if I am under arrest they said no. Then the cops say they smell pot, which I do not smell. Then they call in a search warrant. So at this time I was told not to move. To make a long story short after the search warrant is issued, I am strip searched and they find nothing. I am not charged with anything and I am totally humiliated. What can I do?
Clifford Clendenin & O'Hale, LLP
| Locke T. Clifford
You would need to talk to a civil attorney in Gastonia. Your biggest problem will be that you will have to prove some sort of actual damages in order to recover.
Answer Applies to: North Carolina
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