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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 19689
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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Does the police officer have the authority to follow and detain

Resolved Question:

Does the police officer have the authority to follow and detain a suspect that is 4.2 miles away from the house before executing the search warrant without having probable cause for the initial traffic stop? and If I can prove the officer made a lie in the affadivit to obtain the search warrant that led him to perform the arrest with the search warrant.... Can I counterclaim for damages in a federal criminal law case in which these are the circumstances for a 4th amendment violation and perjury?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Was the search warrant for the house only? Or did it also include the vehicle? Was the stop done for the sole purpose of searching, or did the officer state some traffic-related reason for the stop?
Customer: replied 1 year ago.


The search warrant was specifically for the house. The officer stops me to detain me and take me back to the house to execute the search warrant to the house. There was no probable cause to arrest me yet...I was detained in case the search warrant turned out fruitful. Another issue is the officer lies on the affadivit to obtain the search warrant by claiming he could see a marijuana plant thru the window when all the windows were taped up ! The evidence shows the windows being taped up that proves the officer is lying....My question is... in the federal criminal case... Can i counterclaim against the prosecutor or is this taken to another court?

Expert:  Lucy, Esq. replied 1 year ago.
That is all very bizarre. There are a few different things going on here. Yes, an officer can follow anyone who's driving down the street. He doesn't even need a reason. But, if the search warrant is for the house, he's allowed to enter the house. That doesn't give them a right to detain you nowhere near the house and drag you back - there's no need, since they could enter the house at that point without your present. They would need an arrest warrant to take you into custody and take you back to the house. It doesn't sound like they had one.

A criminal defendant cannot counterclaim against the prosecutor. He actually can't sue the prosecutor at all, because the prosecution has immunity when he's doing his job. It sounds like the police officer is the one who violated your rights, so that's who your case is against. There is no civil cause of action for perjury, but if you can prove that the officer lied, you can ask the DA to investigate (not the same one who is prosecuting you - file a complaint with the office). What you're talking about is a violation of the Civil Rights Act of 1983.

With that said, if the search warrant was invalid, or your rights were otherwise violated in the obtaining or execution of the warrant, you have another remedy - you can have your attorney file a Motion to Suppress. He'll be able to try to get the warrant thrown out, and all evidence obtained a result suppressed. That usually comes before a civil rights case would be filed.

Please rate my service positively before signing out, as this is the only way that I get credit for the time I spend helping you. I hope that you are 100% satisfied - otherwise, please reply so we can continue the conversation. Good luck.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 19689
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
Lucy, Esq. and 4 other Criminal Law Specialists are ready to help you

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