Riverside, CA asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for California

Q: Is it lawful for a cop to show up to my house after my release from custody and ask for me by name like we know oneanotr

I was arrested by a San Bernardino sheriff's officer who shows up to my home the next day I was released from jail and walk up to my door and ask my mother where I was at not in a nice manner but basically saying where's Michael authoritative manner. And demanding when I'll be back home or if she knew where I was I've been being harassed on numerous occasions by this same officer for unlawful stops on previous accations

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Based on the information you've provided, it seems like you are concerned about potential harassment or inappropriate conduct by the San Bernardino sheriff's officer. Here are a few important points to consider:

1. Lawful inquiries: Police officers are allowed to knock on your door and ask questions as part of an investigation. However, unless they have a warrant or there are exigent circumstances, you are not required to answer their questions or let them into your home.

2. Harassment: If the officer is singling you out and repeatedly contacting you or your family without a legitimate reason, this could be considered harassment. Harassment by law enforcement is not lawful.

3. Unlawful stops: If the officer has stopped you on previous occasions without probable cause or reasonable suspicion, those stops may have violated your Fourth Amendment rights against unreasonable search and seizure.

4. Filing a complaint: If you believe the officer is engaging in harassment or misconduct, you can file a complaint with the San Bernardino Sheriff's Department's Internal Affairs Division or the Civilian Complaint Review Board.

5. Seeking legal advice: It may be beneficial to consult with a criminal defense attorney or civil rights lawyer to discuss your specific situation and explore your legal options.

Remember to document any interactions with the officer, including dates, times, and the nature of the interactions. This information could be valuable if you decide to file a complaint or take legal action.

If you feel immediately threatened or believe the officer is acting unlawfully, you can assert your rights and request to speak with a supervisor or contact an attorney for immediate assistance.

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