What should I do after having a search warrant served on me? 5 Answers as of March 15, 2011

I came home from work at 5:30pm and all of a sudden I heard a hard knock on my door "Police Search Warrant". I was surprised and confused and thought mabe they got the wrong house. I opened my door and I saw guns pointing at my face and they said get on the ground and put your hands up. My boyfriend and two boys were asleep upstairs and I heard them crying.....They hand-cuffed me and took me outside. Next they hand cuff my boyfriend and my two boys were outside with me. My one year old was just wearing his diaper. I asked them what's going on they said they were doing a search warrant. I said for what....I know I haven't commit a crime or do anything wrong. I asked to see the search warrant the officer said it's on its way. Later one of the officer took me to his car and question me. He said mam I found Narcotic in the kitchen. I was confused, I said Sir "Norcotics, I don't do drugs. Can you show it to me?? He shook his head and said no. He also said I'm not saying you do drugs, you want to tell me who. I said I'm confused and started crying. Later on they detained both of us. I spoke with my boyfriend they said they found a pipe in the kitchen he said it was his. They also tried to intimidate him and said how about the other stuff we found like meth. He said you can test me and bring it out to me I want to see it. The officer walked away. Can I file a lawsuit against them. I feel violated. They later on detained us and gave him a ticket to go to court for the possession of marijuana. The search warrant was signed by March 2 and the came to the house by March 7. In the search warrant it said probable cause is possessed by a person with the intent to use it as means committing a public offense or is possessed by another to whom he or she may have delivered it for the purpose of concealing it or preventing it.
Next is said tends to show that a felony has been committed or that a particular person has commited a felony.

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
You should decide whether you need an attorney both to protect your interests regarding possibly being charged with a crime in that illegal drugs were apparently found in your home and also to determine whether you have any civil remedies. I would be more worried about making sure you do not have any criminal liability than thinking about suing the police. In that a search warrant was involved signed by a judge it is unlikely in any event that you can sue over the search warrant matter. Of course the police may have exceeded their authority in executing the warrant and that a matter an attorney can evaluate.
Answer Applies to: California
Replied: 3/15/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Search and seizure law is complicated and there are exceptions to your 4th Amendment rights against unlawful search and seizure, and technical requirements for the warrant. The point of this situation is this: what was the probable cause to believe that you or your boyfriend possessed controlled substances? You will need to consult with your Attorney. You (your boyfriend) can request that the Public Defender be appointed. You Attorney can file a suppression motion (Penal Code section 1538.5) There may have been an informant. That will require another motion. A thorough evaluation of your case cannot be done without reviewing the warrant and the police report(s). There may be other discovery needed, as well.
Answer Applies to: California
Replied: 3/15/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Hire an attorney. What you saw is just the order. You , and your attorney, need to see the affidavit that provided the basis for the warrant. Usually, in drug cases, the person of interest on the warrant is suspected of dealing, sales. The suspicion may be as a result of an informant making a purchase authorized by the police. DO NOT talk to your boyfriend about the case or any one but your attorney. That is especially true of cops. No matter what they say, They are not interested in helping you except to help you to confess to committing crime that you did not. A suit against the cops is unlikely.
Answer Applies to: California
Replied: 3/14/2011
Bird & Van Dyke, Inc.
Bird & Van Dyke, Inc. | Mary Ann Bird
Please seek the advice of an attorney immediately. You will likely be charged with a felony drug offense and child abuse charges. Do not speak to law enforcement. Protect your right against self incrimination. Good luck.
Answer Applies to: California
Replied: 3/14/2011
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