my house was raided for drugs none were found,damage was done what are my rights?

UPDATED: Jun 23, 2009

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my house was raided for drugs none were found,damage was done what are my rights?

windows were broken doors were broken personal items destroyed in the unsucessful search for drugs.

Asked on June 23, 2009 under Criminal Law, Utah


M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Although i do not practice law in the State of Utah, the first issue at play was whether the search was conducted pursuant to a warrant or one of the exceptions to the warrant requirement (i.e. consent or exigent circumstances).  If the search was conducted illegally, in violation of the fourth amendment, you may be able to recover damages in a civil rights lawsuit brought pursuant to 42 U.S.C. sec 1983, otherwise known as the federal tort claims act.  On the other hand, if the search was conducted legally you may be able to recover your costs if the damage was excessive; however, depending on the total cost of the damage you may have a hard time finding an attorney to take your case, due to the fact that the cost of the attorney is likely to be as much or more than the amount that you are likely to recover.  Nevertheless, I recommend that you consult with and/or retain an attorney to protect your rights and evaluate your options arising out of this matter.

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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