A cop came in my house without a warrant. Can I now sue the city?

Question

He did not ask to come inside and I was totally surprised that this gigantic cop was standing in my house,staring down at me... I have a witness and a ticket that states the exact time he was on my property and in my house... Somebody called the cops because I was shooting my air rifle in my backyard... What are the first few things I should do to press charges against the cop and the city in which I live?... I live in San Diego California and I know California doesn't like guns but is besides the point... This pig did wrong and now I am going to try my best to make to get him and the city back... Money is no matter... I am very political and would this very interesting to me... A lawsuit against the city... Thanks for your advice and information in regards to this subject... Olivia

Answer 1

No you can't. More precisely, you can try but you won't win. If he was responding to a report of someone shooting from your location you're fortunate you're alive to complain. You should write him a formal apology and thank him for conducting himself with such restraint.

Answer 2

If someone called the cops and said you were firing a gun in your yard, this alone gives the police "probable cause" to come on your property.  The police have the right to respond to situations where citizens could be in danger.  

It may seem ridiculous since you were just shooting an air rifle, but if the caller thought it was a real gun and told the cops so, then they have a right to check it out.  

If you are really intent on going forward, get a lawyer and have them get a copy of the 9-1-1 tape.  But if the caller says you were shooting a real gun, I think your case is hopeless.

Answer 3

I don't think he needed a warrant to come into your house.  

Answer 4

He can't search without a warrant. You have no grounds for a suit. You broke a city ordinance, got a ticket. Pay it ..end of story.  

Answer 5

LMAO!!!  Everyone wants to sue!  For one, the officer had probable cause to enter your home because of the report.  Secondly, by your typing, grammar, and language, I assume you are not an adult.  Therefore, you cannot sue anybody.  Your parents would have to sue.  Lastly, you cannot sue the officer, you would only sue the police department.

So, yes, your parents could sue, but will lose.

Answer 6

He doesn't need a warrant to knock on your door and give you a ticket for violating the law. He would need a warrant to search  your house. Get a life and do something productive, this world does not need any more frivolous lawsuits.

Answer 7

it depends on how he got in your house you left that part out. if you have a good case an attorney will take it on contingency (a piece of the award). get two or three opinions. they wont take it unless they think it's winnable.

Answer 8

Are you serious? I get calls like this to my office all the time and I just put them on mute and laugh while they talk.

One lady called because a cop used "excessive force" after she punched him in the face; twice. Yup...I wanted to hang up on her, but I didn't want to be rude.

Answer 9

Well you were shooting a weapon in the back yard.  Air rifle or not, a neighbor may have thought it was a real rifle and you were aiming at others.  The officer had probable cause and for that he didn't need a warrant.  The law states that an officer, under probable cause, may search and seize your car, home, and even you if there is a reason.  You better make sure you also know the gun laws for your area.  Like all others before you, you are not telling the full story.  Did you threaten somebody, were you shooting it outside of your yard, did you damage something belonging to your neighbor.  Were you shooting at animals or people?  You don't have a leg to stand on and the officer was and is protected by the law in this matter.  

Answer 10

a cop can go on your property without a warrant what he does need a warrant for is searching your home