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Civil rights violated how do I proceed?

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alexmattes

Junior Member
What is the name of your state (only U.S. law)? California

Hello, I hope someone can help me. I've some how stumbled onto this website in my search for some help.

Here is my situation.

The police came into my yard and stated that they wanted to search my home and area for someone who they are chasing. I said no you cannot, they grabbed my arm and choked me while taunting me to hit them. I did not at any point resist. I yelled for help and they suddenly let me go while keeping me on the ground. They did not enter my home but instead when to my parents' bedroom which was a modified area of the basement with a door. They barged in and dragged them out. They search the room and then made comments for me to go back to where I came from. I am hispanic.

As soon as they had appearred, they left. We've done nothing wrong. This happened around 11:30 pm.

Please if anyone has any information or advice, please let me know. Thank you.
 


cyjeff

Senior Member
Are you here illegally? Then a request for you to return to your country may have been a legal point.

So... the police are looking for someone and you refused to let them look. Why? Yes, you have that right, but why wouldn't you want the police to find someone they were looking for?

During a search for a fleeing suspect, officers may run through all manner of back yards and other property. It is legal.
 

CdwJava

Senior Member
The police came into my yard and stated that they wanted to search my home and area for someone who they are chasing.
If they were pursuing someone and they saw him run into your yard or your home, they would not have even needed your consent to continue ... asking would have been a courtesy and not a legal requirement.

If they lost sight of him and just thought he MIGHT have run into the yard or the home, that would be a different story.

I said no you cannot, they grabbed my arm and choked me while taunting me to hit them. I did not at any point resist. I yelled for help and they suddenly let me go while keeping me on the ground. They did not enter my home but instead when to my parents' bedroom which was a modified area of the basement with a door. They barged in and dragged them out. They search the room and then made comments for me to go back to where I came from. I am hispanic.
Have you contacted the agency and made a complaint about the officers' actions? If not, why not?

If you feel the officers acted inappropriately you might also consider consulting an attorney to see if there might be a viable claim made against the agency.
 

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