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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
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Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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local police in MN raided my home in 2008 on a warrant seeking

Customer Question

local police in MN raided my home in 2008 on a warrant seeking evidence from a 2002 robbery. the warrant sought a homemade replica of a bmb allegedly used in the robbery that my ex husband was said to have committed. he had been incarcerated in federal custody since 2003 and all the statutes of limitations had expired except for a kidnap charge related to the robbery. the excuse they used to obtain the warrant on such stale information was that an accomplice of my ex husband told the police that my ex had boasted that his homemade device was so authentic that he called it a "work of art", so mn said that this device had "lasting value and use and was thus still seizable with a warrant". they did not find any device, they arrested without charge for over half a day in cuffs and in a holding cell (not charged nor processed. released that night). after they failed to find the device, they obtained another warrant 'in situ' and took everything that they found of interest regardless of if it was germane to the case. mn did not officially bring my ex to court until 2010!
do i have any claim of *warrantless arrest, *fruit from the poisonous tree, *acting in bad faith on stale information, or any *civil rights violations which i can sue the county and state over their malfeasance?
i want to sue them for upper six figures if i can. i lost my home because they seized my life savings and i was unable to pay my mortgage. they kept half of the money even though i proved it was unrelated to the roberry nearly eight years earlier.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 2 years ago.
You have no grounds to sue for anything until the case is completed in court. If they brought the ex to court and a court case is on going, until that criminal case is completed and the court finds the warrant was defective in some manner (stale, illegal search, etc) you have no grounds to sue. Once the court rules in the criminal case, then you would know the rights and how strong of a case you have to bring to court.

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