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I live in florida. i had a restraing order filed against by…

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I live in florida. i...
I live in florida. i had a restraing order filed against by a former friend. i was sleeping and the police entered my home and bedroom and woke me up to serve me the order. did they violate my cival rights?
Submitted: 8 years ago.Category: Legal
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Answered in 2 minutes by:
6/28/2010
Lawyer: Brandon M., Counselor at Law replied 8 years ago
Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12,620
Experience: Attorney experienced in numerous areas of law.
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Hello there:

Law enforcement may not enter a residence without a warrant except in extreme circumstances, such as a life-threatening emergency. If there is no warrant, the resident's civil rights were violated.

Let me know if I may be of further assistance. Thank you.
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Customer reply replied 8 years ago

i threatned her life over the phone. does that constitute extreme circumstances?

 

Lawyer: Brandon M., Counselor at Law replied 8 years ago
Almost certainly not. I am never going to say "no, absolutely" without hearing both sides of the story, but it definitely sounds like the entry was probably unlawful.
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Customer reply replied 8 years ago
do you want to accept my case or handle it as a referral. i was naked in bed sleeping when they woke me up and no prior history of violence. she was our roomate when she threatend my marrage with accusations of infidelity (not her) and i kicked her out and told her if she contacted me or my wife i would kill her.lee county
Lawyer: Brandon M., Counselor at Law replied 8 years ago
I am actually prohibited from making contact with customers except through the JustAnswer website--it is one of the terms of conditions for working with them.

What I typically do is refer customers to www.martindale.com when looking for a local attorney with a specific type of practice. Martindale lists most of the world's attorney of geographic area, type of practice, years of experience, etc.; it is also the tool that most attorneys use when searching for other attorneys with expertise outside their own. There is no guarantee that any one attorney is willing or able to take any particular case, so there is almost always some searching involved, but Martindale typically facilitates that search.

Another option is to use www.avvo.com. AVVO rates attorneys; if you are in the industry, you may see that an attorney or firm boasts an "AV rating"; AVVO is basically a peer-reviewed entity that rates attorneys by experience, reputation, knowledge, etc. The grades are AV, BV, and CV. AV is the highest rating. Again, there is no guarantee that any one attorney will be able or willing to take or review any particular case, but this is the place to start.

I hope this helps.
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Customer reply replied 8 years ago
i think you did not answer my question properly. i will contact a local civial rights attorny in order to see if i should move foward with this matter
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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).

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