False Accusations Legal Recourse

Summary

False accusations can lead to serious legal consequences. If the police conducted an illegal search, evidence might be suppressed under the exclusionary rule. You may also have grounds to sue for Fourth Amendment violations. Consult a local attorney for specific advice.

Full Conversation

Nate
Hello Nate! How can I assist you with your legal concerns today?
My ex girlfriend was caught having an affair. I went to talk to the guy she was having an affair with. He didn’t know about me, so I had no animosity towards him. I just felt we both deserved to know the truth. My ex called the cops and lied to them, saying that I was violent and I was trying to track her down. I never ended up talking to the other guy or her. I never even saw them. I stopped at a gas station before heading home. As I was filling up my vehicle, * cops pulled in and arrested me for harassment and stalking. They took her at her word and did no fact checking. I had plenty of texts and picture proof that showed she was lying. I had never been arrested before in my life. I saw a judge and was released. They put a danco on me. So during that time I couldn’t be in possession of firearms and ammunition. I told my public defender that I had guns and ammunition at my home. However, I’ve been taking care of a sick family member so I haven’t been staying at my house. The public defender said it was fine or the guns to stay at the residence as long as I didn’t go to the house. My plan was to have a family member go there and collect the guns and ammunition so I could return home eventually. Due to more lies by my ex, the police conducted a search on my home. They destroyed my safe, took guns and gun parts, and searched my detached garage that was not listed on the warrant. I was * miles away at the time of the search. We’re they within their right to take those items if I wasn’t residing in the home and hadn’t been to the home since I had initially got arrested. Also what repercussions are there for them kicking the door open on my detached garage and entering it without a warrant to do so?
Hi Nate, I'm sorry to hear about your situation. To give you accurate information, could you please tell me where you are located? The specific laws can vary greatly depending on your location.
Minnesota
I'm sorry to hear about your situation, Nate. Here are some things to keep in mind:
- The Fourth Amendment protects against unreasonable searches and seizures. If your garage wasn't listed in the search warrant, it may have been an illegal search.
- For the firearms, it's complex. They might be within their rights if they believed you violated the DANCO.
- However, only a local attorney can give specific advice. It's crucial to consult one.
What happens if it’s found they did an illegal search?
If an illegal search was conducted, evidence found during that search could potentially be suppressed and not used against you in court, under the "exclusionary rule". However, it's best to discuss this with your attorney.
Can I sue them for entering my garage without a warrant?
Yes, you may be able to file a lawsuit for violation of your Fourth Amendment rights if it's determined that the search was illegal. However, these cases can be complex, so it's crucial to consult with a local attorney first.