As most of you know my daughter Alice Samantha Thomason had her children taken by Jackson County DFCS two years ago on a hot August day. And as most of you know I started this site because I knew that she wasn’t the only one who had her children stolen by DFCS. AS you also know I have been excerising my 1st Amendment Right of free speech on this blog.
As you also know she has been abused by Jackson County DFCS, the Jackson County Family Court System and yes at times even her attorney who is a Public Defender. This was after seven years of abuse by her significant other.
As you also know she was told by her former caseworker Stephanie Smith that she was leaving at the end of December 2009 and Sam would get a new caseworker. Well she did. Her name is Katie Bice. We are now about a week away from March 1,2010 and Samantha has yet to see, or hear from her new case worker. Sma has called and left several messages on the new casworker’s phone and she also called the the supervisor Mary Mahoney who has yet to return her call.
The funny thing is both Sam’s therapist and the people at Treehouse where she goes to visit her girls has met or spoken to this woman. What is wrong with this picture?
It gets better. It appears that Jackson County DFCS and the minions of that office have been reading my blogs. Sam’s attorney apparently has also been reading them. Today I had a conversation with Samantha and she was told to give me a message from her Attorney, Mr. Crandell Heard. He told her to tell me that I was hurting her case by this blog and that I needed to stop.
I told her to tell him that she had told me and it was duly noted!
Okay let’s see what is wrong with that statement:
1. I am exercising my first amendment right of free speech. I can write anything I want to about anything I want to as long as it is not harmful in nature ie threatening or that other word that no one likes to use.
2. I am reporting facts that DFCS doesn’t want out there because they want to keep the parents ignorant of the fact they have broken the law. DFCS has violated three amendments 4, 6, and 14. I will explain those shortly. They don’t want the parents to understand that they (DFCS) are in violation of the law on many levels. Then when they are called on it they claim ignorance. People they are not ignorant. They know exactly what they are doing and it is called ramroding these parents.
3. Jackson County knows I am well known as an author, they also know that I have resources that most don’t. I will use those resouces to expose the criminal activity of DFCS. That is why they are scared. They don’t want the facts to be known.
The gloves are off. I am in the process of researching and will be writing a book about the legal kidnapping and selling of our children by DFCS and those in the Family courts. I will include all my references and all the facts. It is time for each of you as parents to become educated and to know the criminality of these people. They prey on the uneducated and the poor, they prey on the weak and vunerable. They prey on the fearful and they prey on those who don’t know how to fight back. They will do anything to keep the parents off center. Samantha has finished all of her seventh case plan with the exception of two things. I guarentee that she will be given another new case plan to do because they don’t want her to make progress. That way they can meet with the judge and tell him she in not compling with the case plan. Yes, just another trick they use to keep the parents and the kids seperate while they work on terminating her rights so her blonde headed beautiful girls can be adopted out. This is a huge money making business. This I will also expose –
I know how to fight back I have the education and the knowledge. So here is your first lesson.
1. 1st Amendment- The first amendment states that a person has the right to speak and be heard openly without fear of government restraint. It also covers Freedom of the Press. In other words I have the right to obtain and publish information or opinions without government control or fear of punishment. That extends to threats to me about my daughter’s case. It also includes the threats to her about her case because of my blogs. This one they are trying very hard to violate because of the weight I carry.
2. 4th Amendment- The Fourth Amendment assures someone of ” The right of the people to be secure in their persons, houses,papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place searched and the persons or things seized.
This means: The essence of being an American means the right to be left alone by the government ie DFCS. They are to be secure in their persons, houses, papers and effects. .
The Supreme Court has said that all (keep that word in mind) all searches not conducted without a warrant and probable cause are unreasonable and therefore unlawful.
When DFCS entered my daughters home they did not have a search warrent all they had was paperwork stating they were picking up the children. The deputy sheriff took pictures which was unlawful aslo known as the fruit of the poison tree. There was not probable cause except for “tips” from people who didn’t even have to give their name.
The word reasonable means ” Senseable, rational and justifiable” none of those were used in this case. They are also relative to the situation.
Probable Cause is defined as “exists when the facts and circumstances within the officers knowledge and of which they had reasonable trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed – Case Brinegar V United States 1948.
In other words before someone can file a warrent there has to be reasonable facts from trustworthy information that would cause the officer to make a reasonable decision. This doesn’t mean that when the unknown person calls on the hot line and says, “this child has lice, this child lives in a dirty house” that is not a reasonable bit of information. How does DFCS know that this person is trust worthy with knowlege and trust worthy information. They don’t.
In Aguiler V Texas 1964 the court devised a two prong test. The first prong test: the informant’s reliabilty. Was the informant known? Was the basis of knowledge and reliablity of the information provided? Is the information accurate? Did the informant personally witness hte information given?
In Spinelli V United States. 1969- the Court held that the “totality of the circumstances” was to be used – In other words if it doesn’t look like a duck, smell like a duck or walk like a duck it isn’t a duck.
This is the case with Sam’s case. IT isn’t a duck.
In order for a warrant to be issued, the reviewing judge must consider the totality of the circumstances, in other words all the factors submitted must be viewed as a whole considering whether a reasonable person would believe the officer’s claim. The warrant must include the reason for requesting it, the names of the officers who applied for it, names of others who have information to contribute, who or what specifically is being sought and the signature of the judge signing it. How many of you parents have ever been handed one of these? My quess would be zero. I know Sam wasn’t.
Now here is the best part. The Fourth Amendment is equally applied to ALL and I mean all government agenst whether, federal, state, county or municipal. That means DFCS. It inlcudes but not limited to the Secret Service, The IRS, Immigration and Naturalization, FDA and DFCS. It also regulates these bodies as well.
The Fruit of the Poison Tree is illegal and can not be used it must be excluded. In other words when DFCS or the police come into your home without a warrant and takes pictures or seize items that is considered the fruit of the posion tree and is inadmissable.
The Inevitable Discovery Doctrine states that any statements made by the defendant can not be used against him because his attorney was not present when they are elicted by the officer. DFCS questions children away from their parents without an attorney and they question the parents without counsel. They do this through intimitdation and threats.
Officers who are involved with the DFCS workers when they come to seize the children will claim Good Faith. In other words they will say they were not aware they were violating the Fouth Amendment. They know trust me they know.
I didn’t graduate with a 3.50 GPA with a Degree in Criminal Justice for nothing. I will be post the 6th and 14th amendments on my next blog