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I live in San Carlos and sf police rated my house at midnight

Customer Question

I live in San Carlos and sf police rated my house at midnight while me and my husband were sleeping. We woke up frightened hearing crazy sounds like gangs went upstairs thinking thieves are braking into our house
Called 911 and ran downstairs to hide while we hear glass exploding like a bomb
We hid in the bathroom while I am talking and shivering to 911 dispatcher
Several men came down breaking all doors got us out of the bathroom putting two guns in my husbands head then handcuff him while I was on the ground thinking that we both going to be killed
My husband kept screaming who are you and what do yo want ...and they say we are the police..he says I don't believe you you are not wearing police show me something and hw shows a page around his nick my husband says I still don't believe you need to see your Id
I was terrified and said to them you can't be the police ..I have the police on the phone I called them...and on of the guys said ...what...and took the phone and hang up
We hear them breaking and shouting while my husband is hand cuffed
Finally they say we have a search warrant because of your son had stolen things
They bring the warrant to show to my husband while he is handcuff ..he could not see without his glasses
After half an hour or more they take off the handcuff and let him sit by my as I was shivering and shaking ..
They said we arrested your son ..and we are here to look for stolen merchandise ..
They also said you have such a nice house and start apologizing for what they did..
They also said you can call the legal claim for the damages we caused..and start taken pictures of the broken doors and glasses...I told them you forgot to take a picture of me and the damage you have caused ..I will sue each and everyone of for what did to us..make sure that you leave all of you information
Submitted: 4 years ago.
Category: Legal
Expert:  LawHelpNow replied 4 years ago.

Hello Mr. and Mrs. Mansour,
I am so sorry for all you have endured.
What is your legal question, please?
Thanks!

Customer: replied 4 years ago.
Is our civil wrights violated and do we have a case
Customer: replied 4 years ago.
I am asking if our civil wrights been violated with police action
Customer: replied 4 years ago.
Relist: Other.
There was no answer the replied with a question which I answered
Expert:  LawHelpNow replied 4 years ago.

Hi folks,

 

My name is XXXXX XXXXX I'm a licensed attorney.


Thanks for writing back. My heart goes out to both of you.


Based upon your description, yes your civil rights were violated, and yes you have a case. More specifically, there is a particular federal statute, namely 42 U.S.C. § 1983, which provides a remedy for those wrongfully deprived of civil liberties by one acting under color of law, such as a police officer.


Having carefully read and considered everything you posted, here is what I would recommend based on the information you have shared. I would have the case screened on the merits by a plaintiffs' trial attorney. If an attorney accepts the case pursuant to the customary contingency fee agreement there would be no up-front charges to you. Rather, your legal counsel would only get paid out of the proceeds of a verdict or settlement if he or she were successful in obtaining a favorable outcome and winning the case on your behalf. This can only be done through having a lawyer review your circumstances, meaning it cannot be done in this online informational venue. In other words, you have done all you can do, your next step at this juncture is to confer with legal counsel, but the good news is that process is entirely free of charge to you.


I can only imagine what a stressful and trying time this is for you, so please believe me I mean it when I say I am glad to say there is a way to seek justice without having the burden of trying to pay attorneys' fees . To help folks in this online venue, I am required to follow site rules including refraining from accepting cases and/or making direct referrals to named attorneys. However, I can tell you where I would turn were I in your very shoes. Toward that end, my very next step would be to take advantage of the resources of the non-profit, American Bar Association accredited, National Board of Trial Advocacy Division of the National Board of Legal Specialty Certification. Here is a listing of all such Board Certified Civil Trial Advocates practicing in the applicable jurisdiction (please just click the following link):

 

California.


Hope that makes sense. Just let me know if you need anything else, please.


Take care,


Ben

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