I've been reading some of the old threads (I'm up to page 74 
: ) and I came accross some having to deal with CPS. I found these links when CPS and vax came up on the vaccination board. The first link has a page with information for getting lawyer referrals (lawyers who won't say "sign it, and get it over with"). The second is a parent's guide to CPS.
I think that the most important thing to remember is that you do not have to let CPS or the police in your home without a warrant; to get a warrant they have to justify it before a judge. I also would not assume that CPS is too busy with "real abuse" to bother you, or wouldn't bother you because not vaxing or UC aren't illegal in your state; once you open your door or your mouth, the opportunity is there for them to "find" something "wrong" with your lifestyle.
http://www.falseallegation.org/index.shtml
http://www.fightcps.com/
http://familyrightsassociation.com/c...parents_guide/
: ) and I came accross some having to deal with CPS. I found these links when CPS and vax came up on the vaccination board. The first link has a page with information for getting lawyer referrals (lawyers who won't say "sign it, and get it over with"). The second is a parent's guide to CPS.I think that the most important thing to remember is that you do not have to let CPS or the police in your home without a warrant; to get a warrant they have to justify it before a judge. I also would not assume that CPS is too busy with "real abuse" to bother you, or wouldn't bother you because not vaxing or UC aren't illegal in your state; once you open your door or your mouth, the opportunity is there for them to "find" something "wrong" with your lifestyle.
Quote:
| Demand a Copy of the Search Warrant You do not have to speak with a Government Agent or allow them to enter your home without a search warrant! When a government agent (social worker, police officer, etc) comes to your door, they are seeking your consent to allow them into your home. Remain calm. Say something like: I understand your concerns and I'm happy to cooperate. May I see your search warrant please? The agent may try to tell you that a search warrant isn't required because you can give voluntary consent or he may try to make you believe you are required to allow him into your home. The agent might say, “I’m required by law to come into your home to investigate.” It is true that the agent is required to make an investigation which may include entering your home. However, this doesn’t give the agent authority to break the law. If the agent needs to enter your home as part of his investigation, he needs to obtain a search warrant. Remember that the agent is the one asking you to circumvent the law. You are acting within the law and he is asking you to ignore the law, skip procedure and just do things his way. Don't be intimidated. Keep a proper perspective of the situation; you are willing to cooperate within the law. The law dictates that a search warrant is required before entering a private home. Your position should be: I do want to cooperate. I do not want to ignore proper procedure. Why would you want to circumvent clearly established laws and procedures? Do not allow the agent to peer inside of your home or view your children. Do not answer any questions without seeing the search warrant and verifying it’s authenticity. Even minor questions such as your date of birth, name, number of children, etc. should not be answered without seeing a search warrant. GAINING ENTRY BY THREAT OR INTIMIDATION It is unlawful for the agent to coerce entry into your home by threatening or intimidating you. Federal courts are increasingly finding for parents who sue state agents for coerced entry. The 9th Circuit recently ruled: Any government official can be held to know that their office does not give them an unrestricted right to enter peoples' homes at will. [It is] settled constitutional law that ... police could not enter a dwelling without a warrant even under statutory authority where probable cause existed. The principle that government officials cannot coerce entry into people's houses without a search warrant ... is so well established that any reasonable officer would know it. …appellants' claim, that "a search warrant is not required for home investigatory visits by social workers," is simply not the law. [N]owhere is the protective force of the fourth amendment more powerful than it is when the sanctity of the home is involved. … Therefore, we have been adamant in our demand that absent exigent circumstances a warrant will be required before a person's home is invaded by the authorities." — Calabretta v Floyd 189 F.3d 808 (9th Cir. 1999) In the above case, a social worker and police officer coerced entry into the Calabretta home by threatening to break the door down. Even though the mother ultimately opened the door and allowed them to enter, she did so by coercion which is unlawful. Thus, the agents were held personally liable. We recommend that you print the highlights of this case and other "warrantless entry" cases to hand to government agents who attempt to coerce entry into your home. You may find these cases on our caselaw page. |
http://www.falseallegation.org/index.shtml
http://www.fightcps.com/
http://familyrightsassociation.com/c...parents_guide/
