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  1. #1
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    Default My Rights As a Homeowner As They Pertain to Assisting a Person on Probation

    My question involves criminal law for the state of: Washington

    My family has been helping a homeless man for some time now, we'll call him M. M was recently arrested in a homeless sweep and jailed for 20 days. He was released on probation, and given an officer who seems to have a personal vendetta against him. She is treating him as a violent offender in spite of him not having any history of violence. Any officer M meets agrees that he is one of the kindest people they've ever met.

    He has missed two check-ins, and was jailed for ten days for the first. The second he missed due to failing health that ultimately ended with him being admitted to the hospital for four days. While he was in the hospital, M signed over a Medical Power of Attorney to my father. The hospital released him against the wishes of both his family and mine. His family's home is dangerous to his health, so my family took him into our home to help him heal, especially given that my mother is a Registered Nurse.

    Two days ago, after M was released from the hospital, the probation officer showed up at M's family's home with several officers to arrest him, a clear act of intimidation that was entirely unwarranted.

    My question is this: If this officer came to my family's home, with or without officers, are we within our rights to refuse them entry on the grounds that M is under our protection with the Medical Power of Attorney?

  2. #2
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    Default Re: My Rights As a Homeowner As They Pertain to Assisting a Person on Probation

    If this officer came to my family's home, with or without officers, are we within our rights to refuse them entry on the grounds that M is under our protection with the Medical Power of Attorney?
    No.

    Your house is fair game as long as you let somebody live there who is on probation.

    It's subject to search without a warrant, too.

    You have no idea what you've gotten yourself into.

  3. #3
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    Default Re: My Rights As a Homeowner As They Pertain to Assisting a Person on Probation

    Quote Quoting Natorni
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    M was recently arrested in a homeless sweep and jailed for 20 days.
    What was M arrested for? A "homeless sweep" doesn't say much.

  4. #4
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    Default Re: My Rights As a Homeowner As They Pertain to Assisting a Person on Probation

    Quote Quoting Natorni
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    My question is this: If this officer came to my family's home, with or without officers, are we within our rights to refuse them entry on the grounds that M is under our protection with the Medical Power of Attorney?
    You may tell the officers no, but they will likely be able to enter to arrest him and/or do search any way even without a warrant. The problem is that he is a resident of the home and under his terms of probation he likely has given consent for that without the need for a warrant. In that case, his consent is good enough for the officers to effect the entry into the home. All a medical power of attorney (POA) does is authorize you to make the medical decisions for him that are spelled out in the POA document. It does not give you any authority to handle legal matters for him, and for the most part only his lawyer could handle legal matters for him. But neither he nor his lawyer can prevent an arrest or search if the officers have the authority to do it from the probation order.

  5. #5
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    Default Re: My Rights As a Homeowner As They Pertain to Assisting a Person on Probation

    Quote Quoting Natorni
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    My question involves criminal law for the state of: Washington

    My family has been helping a homeless man for some time now, we'll call him M. M was recently arrested in a homeless sweep and jailed for 20 days. He was released on probation, and given an officer who seems to have a personal vendetta against him. She is treating him as a violent offender in spite of him not having any history of violence. Any officer M meets agrees that he is one of the kindest people they've ever met.
    What is it that the probation officer is doing that gives you the impression that his treatment is being treated as a "violent offender"?

    A person on probation is required to follow certain rules, and these rules are not suggestions. If a probationer fails to comply with the terms of probation, they can go back to jail. Typically, there is no "right" to probation. He could have been held to serve out his sentence in the first place.

    He has missed two check-ins, and was jailed for ten days for the first.
    That's typically the kind of thing that happens when a probationer violates the terms of probation. Though, ten days seem pretty generous.

    The second he missed due to failing health that ultimately ended with him being admitted to the hospital for four days.
    Was his hospital admission before, or, after, he missed his appointment? If before, certainly someone could have called his PO. If after, well, a cynic might argue that it was kinda convenient as an excuse.

    While he was in the hospital, M signed over a Medical Power of Attorney to my father. The hospital released him against the wishes of both his family and mine. His family's home is dangerous to his health, so my family took him into our home to help him heal, especially given that my mother is a Registered Nurse.
    A hospital is not a jail and they cannot hold a person against their will. If he wanted to leave, he could leave - even if it was against medical advice or the wishes of those who might care for him. The healthcare power of attorney really only takes effect if the person is incapable of making medical decisions. Apparently M was capable of deciding to leave on his own, thus that PoA did not apply..

    Two days ago, after M was released from the hospital, the probation officer showed up at M's family's home with several officers to arrest him, a clear act of intimidation that was entirely unwarranted.
    What you call "intimidation" can also be called "prudence." Having officers along to make an arrest is rarely a bad idea. Plus, an arrest can be intimidating. Why shouldn't it be?

    My question is this: If this officer came to my family's home, with or without officers, are we within our rights to refuse them entry on the grounds that M is under our protection with the Medical Power of Attorney?
    Nope! If you refused entry, you may be subject to criminal sanction yourself, and M would certainly be in violation of his probation. If you do not want to permit your home to be searched or entered against your will, you are free to turn M out. The medical PoA is entirely irrelevant here.

  6. #6
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    Default Re: My Rights As a Homeowner As They Pertain to Assisting a Person on Probation

    Quote Quoting cdwjava
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    Nope! If you refused entry, you may be subject to criminal sanction yourself,...
    I disagree with that. The person on probation has waived certain rights, not anyone else in the household. It is not a crime to tell an officer that you refuse to give consent to enter. The officer then either has authority to enter to make the arrest or search or doesn’t. If the officer does, then he or she simply goes ahead and does it any way and can ignore the refusal to consent. Of course, if the homeowner then attempts to interfere with the officer in making the arrest or search, the homeowner could face charges for the interference. But it is no crime for the homeowner to simply refuse his/her consent.

  7. #7
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    Default Re: My Rights As a Homeowner As They Pertain to Assisting a Person on Probation

    Quote Quoting Taxing Matters
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    I disagree with that. The person on probation has waived certain rights, not anyone else in the household. It is not a crime to tell an officer that you refuse to give consent to enter. The officer then either has authority to enter to make the arrest or search or doesn’t. If the officer does, then he or she simply goes ahead and does it any way and can ignore the refusal to consent. Of course, if the homeowner then attempts to interfere with the officer in making the arrest or search, the homeowner could face charges for the interference. But it is no crime for the homeowner to simply refuse his/her consent.
    As I am unfamiliar with the OP's state law in that regard, I can only base it upon my experience in CA. Out here, refusing entry on a probation search can result in an arrest for obstructing or delaying a peace officer if they act in any way to restrict entry (assuming a peace officer is attempting entry). I agree that merely refusing, yet not resisting or obstructing, such an entry is unlikely to result in an arrest.

  8. #8
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    Default Re: My Rights As a Homeowner As They Pertain to Assisting a Person on Probation

    Quote Quoting cdwjava
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    I agree that merely refusing, yet not resisting or obstructing, such an entry is unlikely to result in an arrest.
    It should not result in an arrest at all in that circumstance, as no law is violated. Not even in California. No law makes it a crime for the homeowner to simply say something like “I do not consent to this.” Actual interference with the officer might, on the other hand, be a crime.

  9. #9
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    Default Re: My Rights As a Homeowner As They Pertain to Assisting a Person on Probation

    Quote Quoting Taxing Matters
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    It should not result in an arrest at all in that circumstance, as no law is violated. Not even in California. No law makes it a crime for the homeowner to simply say something like “I do not consent to this.” Actual interference with the officer might, on the other hand, be a crime.
    Of course, this is not what the OP stated. He stated he would "refuse" them entry, not merely verbalize his lack of consent. There is a difference. In my experience I have yet to ever encounter such a refusal that has not been coupled with at least a token effort to obstruct or delay. And while a verbal refusal absent any other act is unlikely to result in an arrest, it may. For right or wrong, an arrest might still occur. I have found that dealing with absolutes does not work when dealing with the relative subjectivity of the concept of "probable cause".

    Now, it may be possible that in WA probation officers are not peace officers of any stripe and refusing them entry is not a problem at the scene. But, if he were to refuse entry to a police officer or sheriff's deputy, that might be a different matter.

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