Do I have a case if police kicked my door in with no warranty?

UPDATED: Sep 30, 2022

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Do I have a case if police kicked my door in with no warranty?

Police kicked my door in without a warranty and I am pregnant and cause trauma to
the side of stomach and cause blood clots to the side. They did not have a
warranty but when I was approching the door they kicked the door in and the door
hit me in the stomach.

Asked on October 31, 2016 under Criminal Law, Mississippi


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

There is not enough information to really answer your question. If the police were responding to a call for help, to the sounds of a struggle, to a phone call stating there was a hostage situation or assault happending in your unit, to reports that a violent criminal they were pursuing had just run into your unit, etc., then they likely did not need a warrant: there is an exception to the warrant requirement for "exigent"--basically, very urgent or emergency--circumstances.
Furthermore, a lawsuit involving personal injury can be expensive (you need expert medical testimony), and even more so when the police are involved (since there are extra paperwork and procedural requirements when suing part of the government). If, as we hope, you suffered no lasting or serious impairment or injury, it may not be economically worthwhile to bring a lawsuit, given the cost vs. what you could get for minor injuries, even if the police were at fault.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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