Elkhart, IN asked in Constitutional Law for Indiana

Q: What is one's legal rights while on house arrest VS State rights, how to know if rights are violated. Elkhart, In

Ex : been exposed to cruel and unusual punishment, unaccessible to hygiene and food/ store for 5 weeks due to laid off/ non payment. All passes taken for 5 weeks. What are personal rights while under house arrest, what are States rights while under house arrest, what is counties rights while under house arrest?

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1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA

A: When someone is under house arrest, their legal rights depend on the conditions and terms set forth by the court and the state. In general, a person on house arrest has the right to:

Due process: This means that any decisions related to the house arrest must be made according to legal procedures and the person must be given the opportunity to be heard in court.

Privacy: The person on house arrest has the right to privacy in their home, and law enforcement officials cannot enter the home without a warrant or permission.

Free from unreasonable searches and seizures: Similar to privacy, the person on house arrest has the right to be free from unreasonable searches and seizures by law enforcement officials.

Access to basic necessities: While on house arrest, the person must have access to basic necessities, such as food, water, and medical attention.

Protection from cruel and unusual punishment: The person on house arrest has the right to be free from cruel and unusual punishment.

If someone feels their rights have been violated while on house arrest, they should consult with an attorney who specializes in criminal law. In Indiana, the Elkhart County Sheriff’s Office is responsible for administering the house arrest program. If someone believes their rights have been violated while on house arrest, they can file a complaint with the Sheriff’s Office or seek legal assistance.

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