It might be frightening to be searched by the police, but what happens if the search goes too far and infringes on your rights? The answer to the question, “Can I sue for illegal search and seizure?” or “Can I sue for unlawful search and seizure?” is that, in some circumstances, you can. Illegal searches violate the U.S. Constitution in addition to being an infringement on privacy. At Kirakosian Law, we think that when someone’s rights are violated, they shouldn’t have to endure silence.
What constitutes an illegal or unlawful search and seizure, your Fourth Amendment rights, when you can file a lawsuit, and how Greg Kirakosian can assist you in pursuing the justice and restitution you are entitled to are all covered in this blog.
What Is an Illegal or Unlawful Search and Seizure?
When police enforcement examines your person, property, or belongings without a valid search warrant or other legal basis, or seizes evidence or property without your agreement or the appropriate legal authority, it is considered an unlawful search and seizure. Evidence gathered through these unlawful means is frequently not admissible in court. But in addition to the criminal penalties, you might be able to sue for civil rights violations.
The Fourth Amendment: Your Shield Against Illegal Searches
People are shielded from arbitrary government searches and seizures under the Fourth Amendment of the US Constitution. This means that before police can search you, your home, your car, or your personal things, they usually require a warrant backed by probable cause. The Fourth Amendment provides a solid basis for individual privacy, however there are some exceptions, such as if you agree to the search or if unlawful objects are in plain sight.
You have the right to contest law enforcement’s conduct and maybe file a lawsuit for damages if they violate this safeguard.
Common Examples of Unlawful Search and Seizure
Understanding what counts as an unlawful search is important. Here are a few examples:
- Searching your home without a warrant or your permission.
- Stopping and frisking you without reasonable suspicion.
- Searching your car during a traffic stop without probable cause.
- Seizing property that isn’t connected to a crime.
- Falsifying information to obtain a search warrant.
If any of these situations happened to you, you might have a strong case for a civil rights violation.
Can I Sue for Illegal or Unlawful Search and Seizure?
Yes—you can sue under Section 1983 of the Civil Rights Act. This federal law allows individuals to file a lawsuit against state and local government officials—including police officers—when they violate constitutional rights under color of law. If your Fourth Amendment rights were violated during a search or seizure, and you suffered harm or injustice as a result, you may be eligible to file a lawsuit.
The key is proving that:
- The search or seizure was done without a warrant or legal justification.
- The officer was acting in their official capacity.
- The search caused you harm—physically, emotionally, financially, or legally.
What Damages Can I Recover?
Filing a civil lawsuit is not only about holding law enforcement accountable—it’s also about being made whole. Victims of illegal searches can seek monetary compensation for a variety of damages, such as:
- Emotional distress caused by humiliation or fear.
- Property damage if your belongings were taken or destroyed.
- Lost wages or job opportunities due to arrest or reputational harm.
- Legal costs if you had to defend yourself against false charges.
- Punitive damages to punish particularly egregious conduct.
In some cases, a court may also order reforms or disciplinary actions against the officer or department involved.
Why Choose Greg Kirakosian?
If you’re asking, “Can I sue for unlawful search and seizure?”—the answer is yes, but only with the right attorney by your side. These cases are complex and require a deep understanding of constitutional law, civil procedure, and police conduct.
Greg Kirakosian is one of California’s most trusted civil rights attorneys. He’s known for holding law enforcement accountable, challenging systemic misconduct, and securing meaningful compensation for clients. With years of experience and a strong track record in Fourth Amendment and civil rights cases, Greg is not afraid to take on powerful institutions to protect your rights.
At Kirakosian Law, you’re not just another case—you’re someone who deserves justice.
What to Do if You Believe Your Rights Were Violated
If you suspect you were the victim of an illegal search:
- Do not resist the police at the scene—even if they’re wrong.
- Document everything as soon as possible: date, time, officers’ names, what was said/done.
- Consult an attorney immediately to review your case.
- Do not share details publicly or on social media until speaking with your lawyer.
We’re Ready to Fight for You
If the court finds that the search was indeed illegal and your Fourth Amendment rights were violated, you may be entitled to financial compensation for any resulting damages. This could include emotional distress, property damage, loss of income, or other harm caused by the unlawful search and seizure. With a knowledgeable attorney like Greg Kirakosian by your side, you can confidently pursue justice, knowing that your rights are being fiercely protected. He understands how deeply these violations impact people’s lives—and he’s ready to help you take legal action and hold law enforcement accountable.Need help now? Contact Kirakosian Law today to schedule a free consultation and find out how we can help you file a civil rights lawsuit for unlawful search and seizure.