Arrest, Search, Seizure, Warrant no warrant, destroyed property, taken to the precinct while search was in progress

[MSGee]

On 6/23/2009 the 42nd precinct raided my apartment. They didn't produce a search warrant. They took, myself, my daughter, and my son who was 15 at the time to the precinct, where we were held for 6 to 7 hours. It was the day of my youngest son's graduation, they wouldn't let me help him get ready, and two detectives drove him to school!
After being at the precinct, we all were questioned about the going ons in the neighborhood. When I asked to see the search warrant I was given a copy of paper that didn't have a signature, nor did it state what the search was for. The officers, told me they were looking for a silver handled gun, and drugs to distribute. What they found was an old box of bullets for a 22, and a piece of marijuana. They gave my daughter and I a ticket for the bullets for $250.00. When we were finally released after being told if we didn't provide them with information, then someone was going to have to go through central booking. Needless to say, they released us. When we returned home, the apartment door was open and the house was totally tossed and items were broken.
When we went to court for the tickets they were dismissed.
My question is was that legal. Were they supposed to search my house without anyone being there. Who is supposed to pay for my damaged items, my computer, my dressers (the drawers were completely pulled out, they weren't made to come completely out).
I filed a complaint with the internal affairs, which was never responded to. Then I found out about the Civilian Complaint Board and filed a complaint with them. The case is still under investigation. I took pictures of the damage done to the apartment. Do I have any kind of legal leg to stand on?

 

[mightymoose]

On 6/23/2009 the 42nd precinct raided my apartment. They didn't produce a search warrant.

They don't necessarily need to show it to you- if it was in fact a raid, time was of the essence. What is important is that they have the warrant. If they conducted a raid, they more than likely did have one, and you just did not see it.

They took, myself, my daughter, and my son who was 15 at the time to the precinct, where we were held for 6 to 7 hours. It was the day of my youngest son's graduation, they wouldn't let me help him get ready, and two detectives drove him to school!

Unfortunate, but you were being detained while the search was being conducted. No agency would have allowed you into that house during that time.

After being at the precinct, we all were questioned about the going ons in the neighborhood. When I asked to see the search warrant I was given a copy of paper that didn't have a signature, nor did it state what the search was for.

Who knows what you might have been shown. This happened some time ago- it should be simple enough for you to obtain a copy of the search warrant now.

The officers, told me they were looking for a silver handled gun, and drugs to distribute. What they found was an old box of bullets for a 22, and a piece of marijuana. They gave my daughter and I a ticket for the bullets for $250.00. When we were finally released after being told if we didn't provide them with information, then someone was going to have to go through central booking. Needless to say, they released us. When we returned home, the apartment door was open and the house was totally tossed and items were broken.

You needed to photographs the house as you found it and document all damage. Any damage should have been reported to the department's insurance or risk management office. The police should also how taken before and after photos. Since it has been a year, if you did not do this at the time, you have pretty much missed your opportunity to do so.

When we went to court for the tickets they were dismissed.
My question is was that legal. Were they supposed to search my house without anyone being there.

Totally legal, and totally normal.

Who is supposed to pay for my damaged items, my computer, my dressers (the drawers were completely pulled out, they weren't made to come completely out).

What did you do about this damage at the time?

I filed a complaint with the internal affairs, which was never responded to. Then I found out about the Civilian Complaint Board and filed a complaint with them. The case is still under investigation. I took pictures of the damage done to the apartment. Do I have any kind of legal leg to stand on?

Follow up on the complaints you made... especially the internal affairs one. It has nearly been a year- you need to light a fire under someone's butt if they have not completed their investigation. If the investigation does not get completed, too much time may pass for them to hold anyone accountable.

If you have pictures and documentation of all the damage, and a dollar value in mind for the damage, you might want to speak with a local attorney about how to proceed. You do have a legitimate argument if there was damage... making a mess is one thing, but damage to property is something you deserve compensation for. It has been a year... if you expect anything to happen at this point you will really need some legal assistance. Consider the actual value of the damage to your home and decide whether it is worth it or not to proceed further.