Legal Question in Constitutional Law in California

my husband was working on his motorcycle outside MY house ( he doesn't always stay with me), 2 undercover cops drove by stared at him, drove back by, pulled up and began to badge him. They stated he was on probation ( which he has not been for over a year). They handcuffed him and went into house (no warrant). My bedroom was locked, my husband told them I had key ( i was at work) and he did not have access to it (he didn't). After 8 more uniformed officers came, the first 2 kicked in my locked door, and tore my room apart. All my hung clean clothes were taken from closet, thrown on floor and under bed. My collection of Nascar Cards, dumped all over floor, cd's broken expensive dvd player broken, literally EVERYTHING was thrown all over my room. My bag of EXTREMELY personal intimate items (put away discreetly under bed), taken out, batteries removed and scatteres on bed. NOTHING illegal taken, no arrests made, no papers shown..what can I do? Should I file complaint? They destroyed personal pictures of my deceased little sister, that I can't replace. Ruined My Nascar Rookie collection. Please I need advise..( san francisco)


Asked on 10/30/09, 12:24 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

I would like to know more about what led the officers to do this. Whether they acted legally depends upon several factors, including what they believed at the time and whether those beliefs were reasonable under the circumstances. Without that information I can't say whether their actions were proper. My sense is that they were not, but I very well might see things differently if I had better information.

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Answered on 11/04/09, 1:19 pm


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