• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

My rights when a Marshal visits

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

JusticeWins

Junior Member
What is the name of your state? New York
:mad: NEED AN ANSWER ASAP IF POSSIBLE. THANK YOU IN ADVANCE.

A Marshal came to my house to look for a fugitive that I wrote to while being in jail. As soon as they came in I asked for a warrant but was never showed one. They questioned my family about this person if we knew where they were etc. My questions are:

Do they have a right to look through our phones throughout the house (home and cell), look through telephone bills, look under beds and closets without showing us a warrant?

Can we refuse to answer any questions if they do not show us a warrant?

What warrant would they have to look through our belongings? This is not the address where the fugitive resides just the address they obtained from letters I wrote to this person.

If when asked for identification papers one of the people in the household is an illegal immigrant, can the marshal detain this person and be deported?

In the fugitive's home, do they have the right to look through letters belonging to his mother from him?

PLEASE HELP. THIS IS VERY IMPORTANT AND WOULD LIKE TO BE PREPARED IF THEY DECIDE TO VISIT AGAIN.
 


CdwJava

Senior Member
JusticeWins said:
A Marshal came to my house to look for a fugitive that I wrote to while being in jail. As soon as they came in I asked for a warrant but was never showed one. They questioned my family about this person if we knew where they were etc.
The marshal did not need a warrant - you invited him in. He is free to ask any questions he wants. You do not have to answer them.

Though if you are concealing a fugitive, or aiding his being on the lam, be prepared to go to prison yourself.

Do they have a right to look through our phones throughout the house (home and cell), look through telephone bills, look under beds and closets without showing us a warrant?
Until you tell them to stop, sure.

However, if you or anyone else in the home were on probation or parole, then they could also look around.

Can we refuse to answer any questions if they do not show us a warrant?
You can refuse even WITH a warrant.

What warrant would they have to look through our belongings? This is not the address where the fugitive resides just the address they obtained from letters I wrote to this person.
They would need a search warrant for the residence.

If when asked for identification papers one of the people in the household is an illegal immigrant, can the marshal detain this person and be deported?
It's possible. Not likely, but possible.

In the fugitive's home, do they have the right to look through letters belonging to his mother from him?
If she lets them, sure. If not, then it would depend on his status ... if he is an absconding parolee, they probably could. If he escaped, they probably could not do so without consent or a warrant.

A lot will also depend on state law. Where is this happening?

- Carl
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top