Sheriff, us marshals

   I hope someone can help me out here. The law is looking for my son. He does not live here at my house. the Sheriff's office and the us marshals have been to my house twice. they bang on the door and when we open the door they just push their way in and start looking room to room. is this legal? they don't ask for permission. then they make threats and tell us all kinds of things that they are going to do to my son when they catch him. all this for a probation violation. also, he was found with some pills on him that he didn't have a perscription for. he is not a violent offender. thanks for your time and help.

pawpaw

[My life has been crazier than a work of fiction.....who'da believed?]

If you ever agreed to let him serve any part of his probation at your house, it is legal.

You are not doing him any favors when you say stuff like "all this for a probation violation". It is not just a probation violation, it is for general failure to follow the law, resulting in the right to put him in jail without additioanl hearing.

3kidsmom

   i never agreed to anything. i have not been involved with any decisions concerning him and the court. He is 30 years old and i have no say in any of his matters. he may have given my address to receive mail but that is all i know of.  I can't see anyone being able to just walk in my home uninvited.
   thanks for your help and your opinion.

pawpaw

Someone who is on probation has already agreed to give up certain rights so that any violation of the terms of probation put them right back in jail without much of the due process we otherwise take for granted.

If he lives in your house with your permission, then he is a tenant and he has the right to give authority for warrantless checks pretty much the same as though he were a tenant in a building that you own. It isn't a very good situation, but from the officers' perspective they have to check on someone in this manner. However, from what you describe, they could certainly be less rude and more diplomatic about it.

lex

[My life has been crazier than a work of fiction.....who'da believed?]

In my experience when they are actiing this way and saying things like this, they believe that you are protecting him (i.e., harboring a fugitive). So if he does show up or report in, you need to turn him over pronto, like call the sheriffs THEN. You don't need any extra trouble.

3kidsmom