Legal Question in Constitutional Law in Virginia

invasion of privacy, and wrongly accused

My mother was house sitting and ''babysitting'' one of her old friends who is suffering from Alzheimer's disease. Last week two guns ''were missing'' from the old ladys home. She accused my mother of stealing the guns, and then called the police and told them my name and address, accusing me of the ''theft''. Not only have I not stolen any guns, I have no idea where the old woman even lives, let alone robbing her. My question is, that enough for the police to question or search my apartment? Although I have nothing to hide, I refuse to be inconvienced in any way over these foolish accusations. What are my rights with this?


Asked on 11/15/03, 4:29 pm

2 Answers from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: invasion of privacy, and wrongly accused

You have the right under the 5th Amendment to the US Constitution not to speak with law enforcement if you don't want to. It is up to you whether or not you exercise it. Law enforcement may not enter your home without either your permission or a warrant. If you deny them entrance, and won't speak with them, they will soon either charge you or leave you alone, depending upon what evidence they think they have. If you help them, you may be doing yourself potential harm.

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Answered on 11/15/03, 5:10 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: invasion of privacy, and wrongly accused

The police may question whomever they want; whether those who are questioned wish to answer those questions is up to them.

I would find it highly improbable that any Virginia judicial officer would approve a warrant

to search your premises on the basis of the facts which you've described.

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Answered on 11/15/03, 6:32 pm


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