Can I sue an officer of the law or the police department if an officer entered my home without identifying their self first did not explain why they were there?
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Can I sue an officer of the law or the police department if an officer entered my home without identifying their self first did not explain why they were there?
Asked on December 5, 2011 under Criminal Law, Pennsylvania
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Nothing would prevent you from filing a lawsuit against a law enforcement officer if he or she did not identify themself first before entering your home. Whether you would prevail on liability and damages seems a harder thing for you to establish from your question.
Law enforcement under certain circumstances have the right to enter a person's home without a warrant and without immediately identifying themselves. An example would be when there is a belief that a crime has immediately happened or the police officer is in hot pursuit of a person.
There are a lot of governmental immunities to consider as well when a police officer is sued within the course and scope of his or her duties. I suggest that you consult with a personal injury attorney further over the question you are writing about experienced in suing police departments.
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