Is it legal for a sheriff to refuse to provide his name and/or his badge number after being asked for it?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it legal for a sheriff to refuse to provide his name and/or his badge number after being asked for it?

A friend of mine (a tenant) recently obtained a lockout petition from the court. He was seeking to recover his belongings from a landlord who changed the locks without proper notice (a misdemeanor). Upon the tenant’s arrival to the property, a sheriff who arrived on scene, refused to comply with the order stating that it was the landlord’s discretion as to whether or not to allow him to recover his property. When asked for his name and badge number, the sheriff became belligerently angry and refused to provide it. Is there any course of legal action available against the sheriff?

Asked on August 20, 2011 Minnesota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

In order to be able to sue anyone - police or not - there have to be damages that you have incurred.  Did the failure to be able to get in to the apartment result in any damages like did the landlord sell his stuff? Now, you can file a complaint against the Sheriff via the state but you need to find out who he is (hence the original problem).  I am sure that it i against some rule for him not to identify himself to you.  What I would do is to call the Sheriff's office and state that the other day you were assigned a really helpful and courteous Sheriff to help with gaining entry in to your apartment and you write down his name but lost the paper.  Can they tell you who was assigned to the call. Once you have the info then you can make the complaint.  Good luck. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption