I was detained in my apartment complex parking lot immediately after parking my vehicle. Police officers handcuffed me and stated they had a search warrant for my address of residence. I asked if I was being arrested which they responded with "No, you're being detained." I asked what I was being detained for and they replied "Shut up, we have a search warrant. Do you have any animals or anything else in the apartment that may harm us when we enter?". I replied "No, sir.". I asked to see the search warrant which generated much laughter and expletive laden denials. (I know now that was totally lawful to deny my request.) After 5 minutes roughly I was then told I was under arrest and when my ride arrived was taken to city jail and denied my inquiries of what I was being charged with and to make a phone call. Several days later, and a transfer to county jail, I arrived at my apartment to find what I would consider more than excessive damages as a result of them conducting the search. My first question is 'Who is liable for damages to 1. My personal belongings and 2. The belongings of the apartment complex (i.e. stove, smoke alarms, vents, refrigerator)? My second question is 'If I have any hope of a successful financial decision, what is generally considered to be "excessive" in regard to search warrant conductivity? I live in the state of Texas, Denton County (I thought I lived in Dallas County but I guess I was incorrect), city of Dallas. Was brought to city of Carrollton jail initially and subsequently transferred to Denton County Jail for remainder of my incarceration. Lastly, to what extent would I need to demonstrate that a search warrant was issued without the necessity for one. Meaning that the reason the judge issued and signed it was either false altogether, or not sufficient to reasonably issue/sign warrant. Am I even within my rights to seek the reason(s) for the issuing? I have no priors whatsoever and continuously employed for 17 years with 4 employers during those 17 years. 2 charges were filed: 1. possession of controlled substance less than 1 gram - meth amphetamine 2. possession of controlled substance less than 1 gram - cocaine. Both are felonies under Texas statutes. My emphatic gratefulness to the lawyers themselves and this website for the opportunity to have knowledgeable and lawfully correct answers provided in such a format as this. This service is an utter necessity, yet proper accolades I'm surmising, are quite lacking. Thank you deeply and sincerely, ***** ***** xxxxxxxx
went to court and there was no case filed. I was arrested on a felony drug charge on june 13, 2014 bail was 30,000 and i was released on bail. my arraignment was set for july 11, 2014 and i appeared, but there is no case filed. the clerk says but they have "a year to file"??. anyway 800 dollars was xeized from my residense. how do i go about getting it back as soon as possible. and what about bail? do we have to wait a year to exonerate the bail or what? police forced entry into our residense on a probation compliance chech. it was an illegal search and seizure and as a result i was arrested on a felony drug charge. the probationer whom the sheriff was there for the compliance checkwas released fromm jail on june 12 directly into a dr90 day drug treatment facility. therefore was not residing at our residence. this is not the first time of harrassememt by the la county sheriff at our residence. I WOULD LIKE TO KNOW HOW I GO ABOUT A CIVIL CASE AGAINST THE SHERIFF . RE: *Violation against our constitutional rights 4th amendment illegal search and seizure. *Miranda rights - the right to remain silent. I was forced to sign a confession and was never advised of my rights *Also harassment and discrimination rights. several documented incidence's with la county sheriff at our residence *Slander and depvrimation of character- i have lived at this address for 15 years and do not have any convictions for any crime in la county. *also losses due to damages, bail, attorney fees and court costs my questions are how do i go about recovering the money zeized from the residence? and what is thie law about "a year to file". and when can the bail be exonerrated? and how do i file a civil suit. and how long do i have to file?
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