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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118784
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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is it legal for the county sheriff to authorize three armed

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is it legal for the county sheriff to authorize three armed swat team member to come into our home and ask me the following questions. "what year is this?" "who is the president ?" "are you taking your medicine ?" after that one officer took my 84 year old wife of mine for 55 years to another room in our home. the other officers confined me from following my wife, all the while confronting me with questions like, "are hard of hearing?" one officer poked me in the chest with her finger.
when i tried to enter the room where my wife was. an officer barred the way. i did not touch the shoulder of that man but told him to arrest me or i would proceed to see my wife and what was happening to her. he said "you do not want to go there!? he did not arrest me. i went through the door and found my wife in distress while being questioned. i ordered them to leave. they did and without comment. no reason for this crime was given by the howard county sheriff here in indiana who authorized this raid on us.

i am ralph j lowden, captain usaf {ret}
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Whether or not they could come to your house depends on the reason they were there. That needs to be determined first to know whether or not they violated any laws or your constitutional rights to be free from unreasonable searches under the Fourth Amendment. Without knowing this information, there is no attorney on this planet who could tell you whether or not you have a case.

Legally, if they were responding to some type of complaint or a request for a wellness check, they are allowed to enter your home to investigate to satisfy themselves that everyone at the residence is fine and no criminal activities or abuse are occurring. However, they cannot just come to a citizen's residence for no reason at all without receiving some type of complaint and just force their way into a home without a warrant.

You need to consider a local civil rights attorney in one of the larger cities nearby (since they will not have much connection with the sheriff) and seek to engage them to at least investigate to find out why the police were there to begin with and if they had legitimate grounds.

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