Q: Can a sheriff threaten to put me in jail and have me evicted because I don’t know where a wanted person is?
The person is legally my husband we are currently separated. He has a parole retake warrant that they are trying to serve and they have been to my house twice the last time they came they pushed my door open as I was answering and told me I’d go to jail too. I have three children and he left me a voicemail that I was suppose to call him and he will contact the rental property and I’ll lose my place and then said you have 3 children I don’t think you want that.
A: Three observations: (1) if you are harboring a fugitive (e.g., he's living with you and you are allowing him to hide out and conceal his whereabouts), or you are secretly providing him money and a car, etc., then you could be charged criminally for doing those things; (2) you are under no obligation whatsoever to cooperate and assist any law enforcement in their efforts to locate your husband, and in fact, as his legal spouse, you have the absolute privilege not to testify in response to a subpoena or give testimony under oath in a court of law against your husband in any proceeding, civil or criminal; and (3) hire a lawyer to immediately send written demand for the Sheriff/law enforcement to cease and desist harassing you in your home or making threats they have no basis to support, and to go to court if necessary to stop any illegal harassment or entries into your home. Keep in mind, however, that they may pursue a fugitive based on reasonable suspicion and probable cause to believe he is present inside a home or building, but they need to have present facts on which to base their reasonable suspicion and exigent circumstances that requires immediate entry without a warrant where his flight is likely or imminent (e.g., no time to get a warrant).
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