What can I do if my home was searched without probable cause? 2 Answers as of January 04, 2011

The police invaded my home without a search warrant or probable cause. I was not the the person they were looking for. They violated my HEPA rights. What can I do from here?

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Jackson White, PC
Jackson White, PC | Jeremy Geigle
If your home or property has been searched by the police, you need to talk to a criminal defense attorney to understand your rights and review your exposure to potential charges. In general the police cannot search your home without your consent, a warrant, or exigent circumstances. I don't believe your HIPPA rights would have been affected by a search. Obtaining and disclosing private medical information without authority of law could be the grounds for a civil rights action. It's important to remember that you have rights and those rights deserve to be protected.
Answer Applies to: Arizona
Replied: 1/4/2011
Kielsky Rike, PLLC
Kielsky Rike, PLLC | Michael Kielsky
In general, absent exigent circumstances (such as an immediate threat to life or property), police must have a warrant to enter a home to conduct a search. In other situations, such as where the police are invited into the home, and then see evidence giving probable cause for an arrest, or if they have an arrest warrant, then it may be possible for the police to search the immediate vicinity of the arrested person.

If the police violate the rights of a citizen to remain undisturbed by police without a warrant in their home, this could give rise to a civil rights claim against the police officers or the department.

This answer is a general statement of law, did not and could not consider all details of your situation, should not be relied upon as legal advice, does not create an attorney/client relationship.
Answer Applies to: Arizona
Replied: 12/27/2010
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