Login|Contact Us
Question and Answer

Legal

Ask a Lawyer, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

Last week at 3 a.m. three sheriffs deputies came to my door

 
psimmons's Avatar
  • Answered by:psimmons
  • Attorney
  • Positive Feedback: 98.5 %
  • Accepted Answers: 4969
Verified Expert
in Legal

Recent Feedback

Positive
Very substantive response and gave direction on the next step.
Positive
nice to work with--expresses really bad news in a gentle way
Positive
I am very pleased with the speed I received this info back. The answer is easy...
Positive
fast asnwers--very professional--nice to work with
Positive
Rapid and accurate responses - very helpful and knowledgeable! Saved me quite a...
Positive
This is helpful! Thank you.
Positive
Thank you again for your advice, Valerie
Positive
I was pleased with the service. Sorry you have to deal with an idiot like me....
Positive
Type your review here...
Positive
Type your review here...

Customer Question

Last week at 3 a.m. three sheriff’s deputies came to my door and woke me up. Based on what they said, they were looking for someone else. They left after a few minutes, but woke up a number of the neighbors.

I have had some minor legal disputes going on recently. I think that the deputies may have deliberately come to my apartment in order to harass, or perhaps discover my doing something illegal at 3 in the morning. I did file a misconduct complaint with the sheriff’s office and with some different officials. Anything else I should keep in mind?

 

Optional Information:
Country relating to Question: United States
State (if USA): Florida

Already Tried:
written complaints

Submitted: 320 days and 18 hours ago.
Category: Legal
Value: $48
Status: CLOSED
Picture
Expert:  psimmons replied 320 days and 18 hours ago.

Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

The complaint is the best way to start the process. IT may be they resolve to your satisfaction.

If not you do have some recourse.

First, you can go "up the chain of command" with the complaint. You can complain directly to the chief of police...or you can go to your elected representative. Specifically you can go to the city council or county supervisor (depending on your political set up which one is supervisory over this police department).

You can also complain to the County prosecutor who has supervisory oversight over the police.


If none of that works? YOu can consider a Civil Rights claims.

Typically the best cause of action for a False Arrest or Harassment is a claim under 42 USC 1983, the Civil Rights Act. This is federal law that can be used to sue a government body (like a police department) for violations of civil rights.

Here is the law

Every person who under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, Suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

Now, this may be a tough case, since you need to prove the police knew you were innocent but broke into your home just to harass you.

If you can show this, then you can prevail and get an award of money damages.

To pursue this, you need an attorney with experience in this area.

Many attorneys will take a case like this on contingency, so it would not cost you up front, they would recover fees after the Verdict or settlement.

The problem you have is since you were apparently not injured or arrested your damages (money you can recover) would not be as significant as if they had beat you or arrested you. You may recall the Rodeny King case many years back...he was beaten by LA Cops and won quite a settlement with the LA PD.

Since this conduct was relatively minor it may be tough to find a lawyer to take the case on contingency....you may need to pay the lawyers fees to sue. But if they harassed you it is a violation of the law and you can sue.


Customer replied 320 days and 18 hours ago.

I’m a college graduate, a freelance writer, and my late father was a judge, but I cannot get a lawyer in the US. I think it is reasonable to assume that the majority of the population cannot. My income is well above the poverty level.

So I can’t file a civil rights claim unless I do it myself. While I was able to successfully litigate a dissolution case, I don’t have the legal background to pursue a Civil Action against law enforcement, however wrong they were. I am going on the assumption that nobody will even discipline the deputies. Again, I can’t file suit all by my lonesome.

Anything else I can do to protect myself until this blows over?

Picture
Expert:  psimmons replied 320 days and 18 hours ago.

I agree with you...the legal landscape is tilted against folks who can not afford a lawyer. If you try an file yourself (pro se) you enter into a battle where you are not properly prepared.

Protect yourself?

I would consider a nanny cam at the home to record the next arrest if there is one...but then you live in Florida where they require consent of all parties for recording conversations...so you would have to disclose to your visitors including the cops that you are recording the interaction.

If this happens again, regardless of if you tape it or not, that would make the case more aggravated and perhaps make it easier to get a lawyer to file this on contingency.

Customer replied 320 days and 18 hours ago.

If it weren’t so serious, it would be comical that a college graduate with lawyer parents (both of them) cannot get an attorney. There is something seriously wrong with the legal system.

By the way, it is exceedingly difficult to complain to law enforcement people. Most of them are combative and/or argumentative when taking a complaint from a nonlawyer, in case you didn’t know.

I think I will forgo the nanny cam.

Picture
Expert:  psimmons replied 320 days and 18 hours ago.

Oh I know...I know that it is not easy at all to go the formal cop complaint process.

And I agree with you it is not fair.

You may want to reach out for someone or some organization to assist for free "pro bono". For example, the ACLU often takes cases like this. If you can find someone to file this for you, you may be able to hold the cops accountable.

Customer replied 320 days and 17 hours ago.

I’ve talked to the ACLU before. They won’t do anything.

One final question: what is the likelihood that they came to my apartment at 3 a.m. by mistake? My neighborhood is not that bad and I have lived here four months.

Picture
Expert:  psimmons replied 320 days and 17 hours ago.

I guess it depends. I mean folks do make mistakes...I have been known to as well on occasion.

Context is important...if the target house was next door, or a similar address? Then it may well have been a mistake. If the target house was across town or clearly not the same place? THen it looks less like a mistake.

Customer replied 319 days and 21 hours ago.

I receive a benefit from the VA. Should I send a complaint to them about law enforcement harassment?

Accepted Answer

Picture
Expert:  psimmons replied 319 days and 20 hours ago.

That will not likely help much at all. The VA has no authority to order local law enforcement to do anything

Expert TypeAttorney
Category: Legal
Pos. Feedback: 98.5 %
Accepts: 4969
Answered: 5/28/2012

Experience: Law Degree, 12 Years of trial experience

Ask this Expert a Question >
 
Tweet

2 Lawyers are Online Right Now

Ask Your Question Now
Legal Questions Date Submitted
hello again. I need some additional input concerning how best 4/10/2013
Hello I helped my boyfriend financially to clear up some 4/10/2013
I have been employed for 16 years with a major Mass based co 4/10/2013
I was injured at work in a fall from a piece of heavy eqipment3/21/13. 4/10/2013
im being sued by a person from paypal. She sold a conterfeit 4/10/2013
Today when I attempted to file my taxes, I was surprised to 4/10/2013
I have an LLC which currently, in addition to the services 4/10/2013
I went to the hospital because I overdosed on Advil. All I 4/10/2013
My 17 year old daughter has a friend that will be graduating 4/10/2013
I signed a Roofer's General Contractor's Insurance Claim Assistance 4/10/2013
RSS
Next 10 >
Ask A Lawyer
Type Your Legal Question Here...
characters left:

Top Legal Experts

See More Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
 
 
 

Recent Articles in Legal

  • Quit Claim Deed Related Questions
  • Warranty Deed Questions
  • Zoning Law Questions
  • Credit Report Questions
  • Automatic Stay Questions
  • Gender Discrimination Questions
  • Insanity Defense Questions
  • Arson Questions
  • Bait and Switch Questions
  • Mortgage Fraud Questions
All Legal Articles
 
 
 
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
81 Lawyers are Online Now
Type Your Legal Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us
© 2003-2013 JustAnswer LLC