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  1. #1
    ersaranzak is offline Junior Member
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    Angry Can a Sheriff enter your home without your permission or a search warrant?

    I live in Langhorne, Pennsylvania (Bucks County). In December of 2009 my boyfriend had a warrant for his arrest for not paying his past due child support. He does spend time with me in my home-but my home is not his address. Two county sheriffs came to my house and one of them put a patio chair under my kitchen window--entered my house--let the other sheriff in through the front door and then they proceeded to search the house-looking for my boyfriend. They unlocked my children's bedroom doors and left a closet door in my spare bedroom open. They came in my bedroom and found my boyfriend in the bathroom. All the while-I had no idea all this was going on. My doctor has me on medication for depression and anxiety. Needless to say, the medication puts me into a very deep sleep. Which was what I was doing when the sheriff broke into my home. This ordeal has really stressed me out. Did they (sheriffs) have the right (legally) to do what they did without my permission to enter or without a search warrant? I really need to know.
  2. #2
    cyjeff is offline Senior Member
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    If they believed that the person on whom they were serving the warrant was hiding from them... they could have entered.

    I would definitely talk to an attorney... right after you ask your boyfriend why he didn't answer the door.
  3. #3
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by ersaranzak View Post
    I live in Langhorne, Pennsylvania (Bucks County). In December of 2009 my boyfriend had a warrant for his arrest for not paying his past due child support. He does spend time with me in my home-but my home is not his address. Two county sheriffs came to my house and one of them put a patio chair under my kitchen window--entered my house--let the other sheriff in through the front door and then they proceeded to search the house-looking for my boyfriend. They unlocked my children's bedroom doors and left a closet door in my spare bedroom open. They came in my bedroom and found my boyfriend in the bathroom. All the while-I had no idea all this was going on. My doctor has me on medication for depression and anxiety. Needless to say, the medication puts me into a very deep sleep. Which was what I was doing when the sheriff broke into my home. This ordeal has really stressed me out. Did they (sheriffs) have the right (legally) to do what they did without my permission to enter or without a search warrant? I really need to know.

    Yup. Then can. You were harboring a wanted person. Shame on you for having a criminal around your children.
  4. #4
    CdwJava is offline Senior Member
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    Quote Originally Posted by ersaranzak View Post
    In December of 2009 my boyfriend had a warrant for his arrest for not paying his past due child support. He does spend time with me in my home-but my home is not his address. Two county sheriffs came to my house and one of them put a patio chair under my kitchen window--entered my house--let the other sheriff in through the front door and then they proceeded to search the house-looking for my boyfriend. They unlocked my children's bedroom doors and left a closet door in my spare bedroom open. They came in my bedroom and found my boyfriend in the bathroom. All the while-I had no idea all this was going on. My doctor has me on medication for depression and anxiety. Needless to say, the medication puts me into a very deep sleep. Which was what I was doing when the sheriff broke into my home. This ordeal has really stressed me out. Did they (sheriffs) have the right (legally) to do what they did without my permission to enter or without a search warrant? I really need to know.
    In some states an arrest warrant gives law enforcement the authority to enter a residence where he might be staying. It is also possible that while YOU may not consider your home his residence, it is possible that HE has been using your home address as his residence. if so, and they had good cause to believe he was home, then they almost certainly had reason to access the home.

    The usual remedy for a bad search is the suppression of evidence. If no evidence of an additional crime was located, there is no easy venue for a remedy. You can always hire an attorney and sue the sheriff's office and hope that a jury will find your damages sufficient for an award to cover attorney's fees, but without any actual damages this is unlikely.

    You can also make a complaint to the sheriff's office and have them look into the actions of their people.

    Of course, you might also find child services at your doorstep asking you why you are concealing a fugitive in your residence and around your children.

    How much of a stink you want to raise is up to you. But, unless you or he are facing new charges as a result of the entry, there may be little you can do aside from complaining to the sheriff's department.

    Oh, and even if they DID make an unlawful entry, your boyfriend does no get to go free and avoid the charges - the matters would be separate issues and would not change his predicament in the slightest.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  5. #5
    gogo589 is offline Member
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    Skip the question to your boyfriend asking him why he didn't answer the door. Ask hime why he didn't pay his child support. Is it because he's spending money on you?
  6. #6
    Antigone* is offline Senior Member
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    Quote Originally Posted by gogo589 View Post
    Skip the question to your boyfriend asking him why he didn't answer the door. Ask hime why he didn't pay his child support. Is it because he's spending money on you?
    And please don't have any children with this lowlife. He already has children he doesn't pay for. We don't need to support any more kids with deadbeats for parents
  7. #7
    KribbageisWierd is offline Junior Member
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    Quote Originally Posted by Antigone*of*Greece View Post
    And please don't have any children with this lowlife. He already has children he doesn't pay for. We don't need to support any more kids with deadbeats for parents
    ..... Why are you judging other people on a legal advice forum?

    I mean... really?
  8. #8
    FlyingRon is offline Senior Member
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    Quote Originally Posted by KribbageisWierd View Post
    ..... Why are you judging other people on a legal advice forum?

    I mean... really?
    Why are you carping on other peoples thread rather than dealing with your own intentional and blatant criminal activity?
  9. #9
    Antigone* is offline Senior Member
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    Quote Originally Posted by KribbageisWierd View Post
    ..... Why are you judging other people on a legal advice forum?

    I mean... really?
    You are right about only one thing. You said you are an idiot and you are absodanglutely right on .

    I stand by my advice
  10. #10
    steel9 is offline Member
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    Angry

    The cops tend to get away with too much. I believe what they did was illegal. Its hard to trust cops when they pull stunts like this. Your bf though should of payed his child support. Jailing him is stupid cause how is he going to pay when hes in jail. Stupid laws created by idiot politicians.
  11. #11
    Zigner is offline Senior Member
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    Quote Originally Posted by steel9 View Post
    The cops tend to get away with too much. I believe what they did was illegal. Its hard to trust cops when they pull stunts like this. Your bf though should of payed his child support. Jailing him is stupid cause how is he going to pay when hes in jail. Stupid laws created by idiot politicians.
    Of course, you say this with absolutely NO review of the FACTS of the case and absolutely NO understanding of the law.

    "Stupid laws created by idiot politicians." Seems to me something more like a deadbeat who doesn't pay what the COURT ORDERED.

    ETA: I'm happy they caught the guy...and I'll betcha it was perfectly legal. I'm sure he thought he was really smart for hiding in his GF's house.
    Last edited by Zigner; 02-17-2010 at 12:42 AM.
  12. #12
    CdwJava is offline Senior Member
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    Quote Originally Posted by steel9 View Post
    Jailing him is stupid cause how is he going to pay when hes in jail. Stupid laws created by idiot politicians.
    Clearly, he was not getting a clue being free, so why not arrest him for disobeying the court order?

    Or, would you prefer labor camps?
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  13. #13
    Antigone* is offline Senior Member
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    Quote Originally Posted by Zigner View Post
    Of course, you say this with absolutely NO review of the FACTS of the case and absolutely NO understanding of the law.

    "Stupid laws created by idiot politicians." Seems to me something more like a deadbeat who doesn't pay what the COURT ORDERED.

    ETA: I'm happy they caught the guy...and I'll betcha it was perfectly legal. I'm sure he thought he was really smart for hiding in his GF's house.
    In addition to not making any fact-based reasonable comments, steel can't spell worth a darn.

    If he payed(sic) attention in school he would he would know that it is paid and because.

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