Is the search of my residence by police legal if I've been wrongfully & falsely accused of theft?
1 Answer from Attorneys
Searches are generally legal if the police had a search warrant or you consented to search of the property, even though they received information that turned out to be untrue. However, this is something that you should discuss with your criminal law attorney if any charges were filed.
If the search was illegal, the remedy is generally to suppress any evidence that was uncovered during the illegal search, but that is it.
The problem is that the courts have created so many exceptions to the warrant requirement and you don't give me any facts as to why the police searched your home. Were they acting on a tip? Was there some kind of exigent (urgent) circumstances that precluded them from getting a warrant? This could make a difference.
Did the police damage anything? In rare cases, it is is possible to sue the police, but it is very difficult. If they were doing their job and were acting in good faith, I don't see what can be done unless the search was patently illegal and led to the discovery of evidence (like marijuana or some other drug was found) and then such evidence might be suppressed.
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