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Can police search my home for my husband?

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Ohiogal

Queen Bee
We live in NY state. So even if I say they can't come in, because its his permanent residence they can search anytime they want? How frustrating. He calls me about once a week to check in, but I haven't been informing his PO. It sounds stupid I know, but I'm afraid if I give the PO the different # he calls on and she calls him that he'll stop calling me.
I am infuriated with him and the problems he's causing me because of his stupid mistakes, but I also would be sick with worry if the calls stopped. Aside from searching the home they also drive by constantly and pull in my driveway. At night time they shine spot lights in my windows. My neighbors probably think I'm some horrible criminal. I wonder if there is anything I can do to convince them he isn't here!
Quite frankly, you are aiding and abetting a fugitive. So that does make you a criminal. YOU are causing yourself problems. You have no right to say the police can't come in to search as your husband is on parole and he "lives" with you.
 


Mt_Vernon

Member
I suspect that there is some reason that they believe he has been coming by or has been in touch, and they may very well keep coming by until they are either satisfied that there is no contact at all between the two of you, or, he is hooked up somewhere.
If they suspect that he has been calling (which he has been), then why don't they subpoena phone records and trace all the calls coming into the house? That would be far less intrusive than ransacking the house.
 

davew128

Senior Member
Quite frankly, you are aiding and abetting a fugitive. So that does make you a criminal. YOU are causing yourself problems. You have no right to say the police can't come in to search as your husband is on parole and he "lives" with you.
Unless he DOESN'T live there. From whats been shown here, seems thats the case.
 

CdwJava

Senior Member
If they suspect that he has been calling (which he has been), then why don't they subpoena phone records and trace all the calls coming into the house? That would be far less intrusive than ransacking the house.
Maybe they have been ... we don't know (though I am guessing not). But, that doesn't say he's not there, it only says he has called. I call my house sometimes, and I also live there. One is not exclusive of the other.
 

CdwJava

Senior Member
Unless he DOESN'T live there. From whats been shown here, seems thats the case.
But, as his official residence, the police and parole will likely continue to come there until (a) they get tired of striking out, or, (b) he is captured. It could be they do not believe her denials (and, it is very common for spouses and significant others of fugitives to lie to protect them - or simply feign ignorance... shocking, I know). If they do not believe he is there or will return, they will stop wasting their time. So, clearly, they think he's still connected in some way - perhaps it's those phone calls. Most fugitives don't call people they don't think will help them somehow.
 

LdiJ

Senior Member
But, as his official residence, the police and parole will likely continue to come there until (a) they get tired of striking out, or, (b) he is captured. It could be they do not believe her denials (and, it is very common for spouses and significant others of fugitives to lie to protect them - or simply feign ignorance... shocking, I know). If they do not believe he is there or will return, they will stop wasting their time. So, clearly, they think he's still connected in some way - perhaps it's those phone calls. Most fugitives don't call people they don't think will help them somehow.
I have a horror story about someone who never even resided at my home using my house as their residence address...in fact the police never even gave me a last name for the person in question, just a first name...and I knew of at least six people with that same first name. In fact I asked Cdw's advice about it oh so many years ago.

The first visit was horrific, the subsequent ones were nothing more than them knocking at my door and talking to me.

In the end I eventually found out that the person in question was someone my daughter had very briefly friended...a 16 year old who had spent the night at my house, ONCE...at a slumber party.
 

CdwJava

Senior Member
And that can be a problem ... but, that sort of event is rare. For the most part, addresses of fugitives are verified by more than the subject's say-so, it is most often accompanied by documentation as a result of a conviction and supervised release (probation or parole), or, a residence as indicated on a driver's license or ID card. However, if he is arrested and gives the address of a friend or other family member - as was likely the case with LdiJ's situation - that can open the door to problems because the address is unverified. Yet, there is almost always a reason the address was provided - usually because a sympathetic ear lives or lived at the location so it was a safe address to provide. Plus, there is an incentive for people in custody to give a physical address - it can support their release. Transient individuals may not be permitted a release on a promise to appear or pending further action, but, with an address they can.

Typically, the police are not going to waste their time returning to an empty nest. They will either get weary of the time taken (or their supervisors will), or, they will get wind that he is somewhere else. When they have little or nothing else to go on, they may continue to revisit any possible locations until he is found. We have a fellow in my town who lives on-and-off with his mother and we are constantly going to her place and searching for him. She says he's not there and doesn't live there, yet he is frequently sighted at night, and one of his sister's has seen him there frequently. So, we keep going back because we know that mom is covering for him.

And so it goes ...
 

burkevalocks

Junior Member
it really depends on the situation if he is on parole or probation because i do believe on one of the two then they are able to just come in and search for him.
 

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