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Old 05-06-2012, 10:56 AM   #180
Elfwreck
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Location: SF Bay Area, California, USA
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Quote:
Originally Posted by HansTWN View Post
I don't know, what if they take away your computer because they suspect you of having child porn pictures on it. Or they look for tracks of tax evasion. Then they find there was nothing, can you sue? I am not sure what the law says about your right to sue for damages in such cases.
If they had probable cause and a warrant, you can't sue. The police are allowed to make "honest mistakes" where, by the evidence they had, they believed you had broken the law; if it turns out that wasn't true (or they didn't have enough evidence to convict), you don't get recompense for what you lost to the process.

If, however, they didn't have proper evidence when they got the warrant (lied to the judge, or misunderstood info they had), or there were other problems in the procedures--you *can* get compensated for how much they messed up your life, along with getting back whatever they took from you.

Which is what's currently happening in the MegaUpload case. Always interesting to see how well my tax dollars are working for my safety.
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