Foster care, family preservation and civil liberties: When you want to trample on the Fourth Amendment, who ya gonna call?
Say you work for a county sheriff’s department and you suspect that a couple is growing marijuana in their home. But you don’t have enough evidence to get a search warrant. As Karl Malden used to say in those American Express commercials: What will do you – what will you do?
The dilemma arose in Sarasota County, Florida. And Sheriff’s deputies there came up with what they thought was the perfect answer: Pretend they were from the one government agency to which that pesky Fourth Amendment never seems to apply. Pretend to be from the agency that can enter any home based on no more than an anonymous telephone tip. Pretend to be from an agency so powerful that, even if technically, people have the right to refuse, they’d be too terrified to invoke it.
Yes, that’s right. The deputies pretended to be from child protective services, in this case, the Florida Department of Children and Families, and they pretended to be looking not for pot, but for child abuse.
According to the Sarasota Herald Tribune, the deputies told the couple they were investigating an anonymous tip about a child living in unfit conditions – and, they said, the couple had no right to refuse them entry.
It was all a lie, but once inside they found enough evidence to get a warrant, ultimately they found marijuana plants and drug paraphernalia. A circuit judge has ruled that illegal – and thrown out the tainted evidence. Because, after all, adults have Fourth Amendment rights.
But not children. Laws and court decisions vary from state to state, but as a practical matter, even if, technically, a parent can refuse entry to a child protective services worker, as a practical matter she’ll just run to court, claim that the refusal itself puts the child in imminent danger and get the court not only to let her in, but also to take away the children. (Indeed, she may not even need to go to court – she could simply exercise her “emergency” power to declare the child endangered, call the cops to let her in, and then leave with the child.) FULL STORY
No matter what stage your “case” is in, the Number One (#1) thing YOU MUST DO- Document, Document, Document. This costs nothing and is the MOST IMPORTANT thing you can do in your defense. Keep detailed records of who said what, when. ESPECIALLY document face-to-face and conversations on the phone. Record or video tape if you have it. CPS workers “make mistakes”, LIE, and TWIST your words.
See Washington State Extended Families for a nice essay on how to do Documentation.
If there is a lawyer in your area who HATES CPS and knows how to put up a DEFENSE, hire him now and help him defend you. If you have to sell the car, mortgage the house, clean out your retirement fund, borrow from relatives- pay his retainer.
NOTE- If you ARE a LAWYER who wants to learn HOW, see-
If you get a court-appointed attorney, you may or may not receive a “vigorous defense”. About the standard pay they receive is $500 total, so the pay is no motivation to them. You might get a young, idealistic one fresh from law school, and he may be pretty aggressive. Some older ones who are not calloused may also really go to bat for you and the children and provide Competent Counsel. In all cases, Help him defend you
Also see Make Your Court-Appointed Attorney Work For YOU at fightcps.com
NEW! August 8, 2008 How I Found Attorney Who “Hates” CPS
If there is NO such lawyer (there’s not very many), or you are penniless,
~you are going to have to learn how to DO IT YOURSELF in pro per or pro se ~
Be aware that some “courts” may be so “unencumbered by the Constitution” that a lawyer “may” risk his Bar License by providing a “vigorous defense”. (See What Happens in the FOG)
There are also stories about CPS KIDNAPPING THE LAWYER’S CHILDREN AND ASSASSINATING HIS CHARACTER TOO. We have heard of CPS doing the same thing to JUDGES, Doctors, Police officers, other CPS people (Whistle-Blowers), and even State Representatives who challenge CPS’ lies and fascist activities.
That’s why just filing your papers with the court clerk may be the only way to GET THE TRUTH ON THE RECORD. That is why the “Sui Juris” method was developed.
If you don’t get anything ON THE RECORD, you will likely have
NO appealable issues in the future. See this and ESPECIALLY THIS
What Happens in the FOG- Beginning with an anonymous hotline “tip” of suspected abuse, a parent enters a gray area of American jurisprudence. And it is not “murky” to his benefit.
Child Abuse, when alleged, is not a criminal matter. It is blithely characterized as a “Civil” matter, much the same as a lawsuit to collect on a breach of contract. Thus, the Constitutional protections afforded in a criminal case are not necessarily extended to those accused of Child Abuse. Full Article
~ INNOCENCE IS NO DEFENSE ~
Don’t kid yourself.
This is not the Happy, Fair Courts
To fully understand what Family Courts REALLY ARE- see Volksgerichtshof
Never forget to ask the “judge” if you are in a CONSTITUTIONAL COURT OF DUE PROCESS
They cannot answer you honestly, because YOU ARE NOT
~By the way~
When the Nazi’s picked up the Jews
and sent them to Concentration Camps, they called it
Schutzhaft, literally translated “Protective Custody”
Write your own version of history in a Sworn Affidavit
and FILE IT with the Court, the CPS, the DA, and whoever else that has ANYTHING to do with your case.
You are SWEARING to the truthfulness of your statements. The CPS witches aren’t swearing to ANYTHING (what is SACRED to them that they COULD swear on? The Humanist Manifesto II?)
You had better be telling the truth with no “embellishments” and citing FACTS you can back up with evidence or witnesses’ sworn statements. Say NOTHING self-incriminating. If you have something to hide, you aren’t going to lie your way out of it.
Grammar Quick Help Class 101 How your papers LOOK matters!
The importance of your Sworn Affidavit cannot be over- emphasized!
THE ONLY WAY you have appealable “issues” in the future
is to get your facts ON THE RECORD in court.
SHUT UP— SHUT UP— SHUT UP!
Quit talking with the CPS monsters. You are waiving your FIFTH AMENDMENT CONSTITUTIONAL RIGHT and Miranda Rights every time you answer a question.
“The claim and exercise of a Constitutional right cannot be converted into a crime.” — Miller v. U.S. Source: 230 F 2d 486, 489
Personal and phone conversations are where “mistakes” (inventions and fabrications) happen when THEY write their report about the conversations. Words you say float up into the rafters and come back twisted against you. If you feel you have to talk with them, record it or videotape it. And don’t forget to DOCUMENT it.
CPS is NOT your friend!
Women especially fall into this trap. Especially in cases where a child is ALLEGEDLY abused or molested by a family member.
DO NOT pour your heart out to a CPS worker or CPS contractor Mental Illness clinician.
Do that, and you will join the ranks of “co-perpetrator” lamenting “I was so, so foolish. I was an IDIOT. I thought they were there to HELP me. I thought the CPS worker CARED. I thought I had PROFESSIONAL CONFIDENTIALITY with the psych shithead.”
CPS will use every word you say to make your child a Legal Orphan, because THAT’S what they are being PAID for.
Ignore or forget this at your and your children’s EXTREME PERIL.
August 21, 2008 NEW CASELAW
Case Name: U.S. v. Craighead, District: 9 Cir , Case #: 07-1-135
Opinion Date: 8/21/2008 , DAR #: 13245
Interrogations occurring inside the home are custodial, requiring Miranda advisements under the Fifth Amendment, if the circumstances turn it into one of a “police-dominated” atmosphere.
Speaking personally, if there was no cop there, I would darn sure turn it into a “police dominated atmosphere”, by calling 911 and report that my home was being trespassed under the Color of Law with no Warrant.
If they DO have a warrant, SHUT UP, SHUT UP, SHUT UP.
BE POLITE! The highest crime you can commit is “Contempt of Social Worker”. We have reports of POLICEMEN telling people that the Constitutional Rights and Miranda Rights are only for TV, and what they are doing is “The Real World”.
See The Oath of Office
EVERY OATH of OFFICE in the USA includes “support the Constitution”
Since many of them seem like childish morons, SOCIOPATHIC, and plainly nasty with no discernable social “skills”, this can be a difficult task.
“I would love to answer your question, but I cannot do that without violating my Fifth Amendment Rights and my Miranda Rights”
“I would love to let you in my house to look around without a Search Warrant. But I cannot do that without violating my Fourth Amendment Rights”
“There is a secret pride in every human heart that revolts at tyranny. You may order and drive an individual, but you cannot make him respect you.” –William Hazlitt
We believe the court-ordered psych exam is a violation of your 5th Amendment rights. Don’t entertain the folly that psychiatrists are your friend. No, you do not enjoy professional “confidentiality” with them. They are the foremost tool of character assassination.
Insist on LETTERS to and from the agencies. They can’t alter their words printed on paper that have been mailed to you. Nor can they alter your words either. KEEP COPIES of your letters to them.
#7 Get your records- FOIA/Privacy Act/ Open Records. Anything they FORCE you to sign, sign it “Under Duress”. You can also Rescind your previous signatures.
San Diego Courts Examiner
Freedom of Information Act & Public Records Requests
November 14, 7:58 PM
Clean up your house and your life.
Obviously, if your house is a mess or your life is a mess, your CPS worker is going to use every bit of it against you. There is (so far as we know) absolutely NO LAW about “dirty house”, but they make a big deal out of it.
Shacking up with a boyfriend is the path to hell. Boyfriends have NO “natural affection” for your children, and they are the #1 baby rapists and child abusers and killers, at the TOP of any statistical data.
So this is something YOU CAN DO SOMETHING ABOUT. Clean up. Quit smoking. Whatever you are doing that you KNOW is wrong, the choice is between your laziness, habits, lifestyle choices, CATS, and YOUR KIDS.
You choose. If you can’t, then don’t complain about what happens.
Also see AFRA Dress Codes. How you dress and conduct yourself in interviews, at court, or with the Mental Illness Clinicians- matters