Answer

Hello XXXXXXXXXXX,

If the police did not find evidence of criminal conduct then you will not likely be charged. If you are charged, your attorney will be able to challenge the validity of the search warrant. If successful, any evidence obtained as a result of a faulty search warrant would be suppressed (not allowed at trial). In cases where evidence is successfully suppressed, there is often insufficient remaining evidence to proceed to a trial, and charges might be dismissed.

If you are not charged, it is possible that you may be able to bring a civil suit. If your house was ransacked and no evidence was found, and the search warrant was based upon lies, it might be possible that a theory could be developed that would create liability. However, much of that would depend on who told lies to whom. This may be something to raise with your attorney at a later date, if you are not ultimately charged.

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Gloria M

Please be aware that my answer is not legal advice, it is merely informational and educational. Fees I receive for answering questions are paid for information, not legal advice. This forum is designed to provide only general information, to give you a basis of knowledge. You and I have not entered into an attorney/client relationship, and I am not responsible for your legal rights. The only way for us to be in an attorney/client relationship is if you have signed a written retainer agreement with my law firm, and I am only licensed to practice law in Illinois. You should consult with legal counsel in your area for specific information relevant to your situation.

Expert:	Gloria M
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Answered:	6/11/2008

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Attorney for 22 years. General Practice, Labor/Employment, PI, WC, Criminal, Family.