Legal Question in Criminal Law in Maryland

Police Harassment?

In 2000 son involved in burglery. Received 1 yr PBJ as it was first time involved with criminal justice system. Probation completed successfully after probation officer tried to violate for traffic ticket. In late 2001 took a job, fired from job 2 months later. Employer broken into 2 weeks after son fired. Police investigated. Apparently have not solved crime. Son received 3 visits from detectives with questions over next months. Woman detective keeps calling our house to talk to son every month (says her boss tells her she has to keep checking on him). Would like these calls to stop but are afraid and don't know how to stop them. Son is starting college and we plan on expunging record when 3 years have passed. Bad experience never to be repeated. How do we stop these calls?


Asked on 3/22/03, 8:20 am

2 Answers from Attorneys

Re: Police Harassment?

The police have the obligation to investigate all crimes. Your son has the right to remain silent and not be harassed by the police. In my opinion your son should file a complaint with internal affairs of the police department. If it happens again, file another complaint.

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Answered on 3/22/03, 9:26 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Police Harassment?

The statement "keep checking on him" is tantamount to supervision and constitutes invasion of privacy and harrassment.

Either the police have a justified cause or they don't and this could not be determined until after inquiry. Even though he had a

prior crime that fits the mode and context of the crime under investigtation, the police have no reason to continue to their "supervision" without a court order permitting them to do so.

I suggest you contact an attorney as these matters can get out of hand. If they were to arrest him for the crime, even though they may not ultimately have a sufficient basis to support a conviction, considerable

aggravation would be occasioned. The police have a right to question your son, they do not have a continued right to do so. Having an attorney puts a road block in their way with regard to their continued direct contact.

G. Joseph Holthaus

(410) 799-9002

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Answered on 3/22/03, 5:19 pm


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