If I had a case that was dismissed because of an illegal search and seizure, can I sue the police for damages?
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If I had a case that was dismissed because of an illegal search and seizure, can I sue the police for damages?
Asked on February 11, 2013 under Personal Injury, California
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If it is a basic case, then generally no, you cannot sue the police for damages because they have the protection of investigatorial immunity. However, there are some limited exceptions when the conduct is grossly outside of their function. If you think that your case is completely out of bounds, then you should take a copy of the case and/or transcript of any hearings to an attorney to review and see if the conduct was such that it would qualify as an exception to the immunity protection.
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