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October 2, 2024

Illegal Search and Seizure Settlements in California

Written by Pointer & Buelna, LLP. Lawyers For The People, reviewed by Adanté Pointer

If you’ve been through an illegal search and seizure settlements in Sacramento, California, you might feel violated, frustrated, or unsure of what to do next. This practice happens when law enforcement goes beyond their legal limits, entering your home or taking your property without a valid reason or a proper warrant. At Pointer and Buelna, LLP – Lawyers For The People, we’re here to assist you in understanding your rights and fighting for the justice you deserve.

What Constitutes Illegal Search and Seizure?

This process occurs when police or law enforcement violate your constitutional rights by searching your property or seizing your belongings without following the law. In most cases, this means they didn’t have a warrant, you didn’t give permission, or there wasn’t a legitimate reason for the search in the first place.

The Fourth Amendment Explained

This prerogative protects you from unreasonable searches and seizures carried out by the government. It requires most searches to be conducted with a warrant issued by a judge based on probable cause. This essential protection by the Fourth Amendment is fundamental to defending individuals from authority overreach. It ensures your privacy and property rights are upheld, preventing law enforcement from overstepping their boundaries.

When Is a Search Warrant Required?

These orders must be approved by a judge founded on reasonable suspicion—meaning there’s strong evidence of a crime. In most cases, police need a warrant to search your property. However, exceptions exist, such as if illegal items are in plain view, allowing police to seize them without a permit.

Your Rights and Legal Recourse

If your Fourth Amendment privilege has been violated, you have legal options. Filing a civil rights lawsuit can help you hold law enforcement accountable and seek justice for what you’ve been through.

Can You Sue for Illegal Search and Seizure?

Yes, you can sue for being a victim of this illegal process. In California, individuals can take legal action if their Fourth Amendment rights are violated, such as when police unlawfully enter homes, search vehicles without cause, or seize property without a valid mandate.

The Process of Filing a Lawsuit

This protocol starts with consulting a civil rights attorney. They’ll review your case, file a complaint, and gather evidence—such as police reports, witness statements, and video footage—to build a strong case for you.

Potential Compensation

If your claim is successful, you could receive compensation for the following:

• Emotional distress: The amount of stress or trauma caused by the illegal search or seizure.
• Property loss: Compensation for any items wrongfully taken or damaged.
• Punitive damages: In severe misconduct cases, courts may award extra damages to punish law enforcement and deter future violations.

Examples of Illegal Search and Seizure Settlements

There are a significant number of cases in California where courts have ruled in favor of individuals who suffered illegal searches and seizures. For example, in People v. Camacho, the California Supreme Court ruled that police had violated a citizen’s rights by searching his property without a warrant. These cases show how critical it is to hold law enforcement responsible when they cross the line.

Contact a Civil Rights Attorney in California for a Free Consultation Today

If you’ve undergone unlawful search and seizure in Sacramento, Pointer and Buelna, LLP – Lawyers For The People is here to support you. Our team will guide you through the legal system and advocate for you. Reach out today for a free consultation and take the first step toward justice.