After police wrongly raided his home last summer, rap artist Afroman decided to make light of his losses and release an album and videos using home footage of the situation. Now, he’s facing charges from seven of the officers involved in the raid, citing invasion of privacy and public humiliation. What kind of recourse do you have when officers wrongly break into your home and destroy your property?

What happened with Afroman?

A group of law enforcement officers, including four deputies, two sergeants, and a detective with the Adams County Sheriff’s Office, have filed a lawsuit against rapper Afroman (real name Joseph Foreman) for using footage from a police raid on his Ohio home in his music videos without their consent. The officers claim that the use of their images has caused them emotional distress, embarrassment, ridicule, loss of reputation, and humiliation.

They are seeking all of Foreman’s profits from the use of their personas and a court injunction to remove all videos and posts containing their images. The lawsuit names Foreman, his recording company, and a media distribution company as defendants. The rapper has vowed to countersue for the damage the lawsuit has caused to his family, career, and property.

The police officers were acting on a warrant during the raid, which turned out to be unfounded, and no charges were ever filed. During the police raid, cash was seized from Foreman’s property. However, upon returning the money to him, it was discovered that hundreds of dollars were missing. After conducting a review, the state Bureau of Criminal Investigation found that the deputies had miscounted the amount of money seized during the raid.

“Smartest, most peaceful solution”

Afroman told NPR what he did next was the “smartest, most peaceful solution” he could think of:

I asked myself, as a powerless Black man in America, what can I do to the cops that kicked my door in, tried to kill me in front of my kids, stole my money and disconnected my cameras? And the only thing I could come up with was make a funny rap song about them and make some money, use the money to pay for the damages they did and move on.

He noted he had to repair a door, an external gate, and his security system wiring after the raid, all of which cost him about $20,000. NPR also notes, “He also accuses police of stealing from him. The officers had confiscated more than $5,000 in cash during the raid, which Afroman says were earnings from performances. It was eventually returned to him, but with $400 missing.”

Are police allowed to raid your home?

Police can only raid your home under certain circumstances, and they must follow specific legal procedures. Typically, law enforcement officers can only enter and search your home with a warrant, which must be issued by a judge based on probable cause. In Afroman’s case, police had a warrant, although their search yielded nothing.

In some cases, however, police can enter and search your home without a warrant, such as in emergencies, when they have reason to believe that evidence is being destroyed, or when there is a threat to public safety. It is important to note that police raids can be a serious invasion of privacy, and if you believe your rights have been violated, you should contact a criminal defense lawyer as soon as possible.

Are police responsible for the damage they do during a search?

Maryland’s Search Warrant Directive specifically states: “Search warrants will be executed in a manner that respects the individual rights of all persons and minimizes the possibility of unnecessary damage to property or injury to persons. Searches and seizures will be done in a professional manner, and will be thoroughly and accurately documented.”

However, if law enforcement does damage your property during the execution of a search warrant, you may need to hire an attorney to protect your rights. Securing compensation is possible, but it may not be easy. Our lawyers can help.

What is a search warrant?

A search warrant is a legal document issued by a judge that authorizes law enforcement to search a specific location for evidence of a crime. To obtain a search warrant, police must demonstrate to the judge there is probable cause to believe that evidence of a crime will be found in the location to be searched.

The search warrant must specify the place to be searched and the items or evidence that the officers are authorized to seize. It must also be executed within a certain period and during daylight hours, unless the judge or magistrate authorizes a nighttime search.

When law enforcement officers execute a search warrant, they are allowed to enter and search only the location specified in the warrant and to seize only the items or evidence described in the warrant. They must also follow specific legal procedures and ensure that the search is conducted reasonably and respectfully.

If evidence is found during the search, it may be used in a criminal prosecution. However, if the search was conducted in violation of the Fourth Amendment, which prohibits unreasonable searches and seizures, the evidence may be excluded from the trial.

If you believe you are a victim of illegal search and seizure, the criminal defense attorneys at Carey Law Office want to help. We can protect your rights and work to have illegally-obtained evidence thrown out of court. To get started on your case immediatelyTop of Form

To get started , please call our office in Bowie or Crofton or submit our contact form today. Our team helps clients in and around Prince George’s County, Anne Arundel County, and Calvert County.