I had a criminal case that was dismissed because of an illegal search and seizure, can I sue the police for damages?
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I had a criminal case that was dismissed because of an illegal search and seizure, can I sue the police for damages?
Asked on February 8, 2013 under Criminal Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You could only sue the police if you could show that their behavior was intentionally wrongful (e.g. they knew the search was illegal at the time they did it), or possibly that it was grossly negligent or reckless--that is, it went beyond merely be wrong or careless, into the realm of not respecting the law/acting with a disregard for the law. The mere fact that the police may have made a mistake or been in error, without more, does not provide a cause of action against them.
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