IS cps allowed to enter your home without permission?

[Sarahlynn74]

On Friday evening, 5 police officers and 2 women in plain clothes opened my back door and entered my home. They did not identify themselves, did not request to come in, they simply stormed in and started searching my home. An officer of the Costa Mesa Police department, whom also did not introduce himself, demanded I taked him out to my garage, which is part of a separate building structure, or else he was going to take me to jail. He then questioned me as to the acne I had on my face, I told him I have breakouts every now and then, and he got in my face, told me I am the WORST mother he has ever come across, and insisted that I am under the influence of Meth (I am not a drug user of any sort, I don't even drink alcohol). After I opened the garage, (I still did not consent to any search, I simply opened the garage) he did his search, and proceeded to harass and accuse me of horrible things I did not do. the one thing I DID consent to, (in fact, I INSISTED) is that he take me to a testing facility right then and actually test me for drug use, which he kept threatening, but did not do. The police then proceeded to interview every neighbor I had asking if my daughters father was ever at my home, explaining to the neighbors that a no contact order was in place in regards to my son, and, after about an hour of interrogation and humiliation for NO REASON, they took my kids, even though there were no grounds to remove them. I was never given any information, no names, no police report number, nothing regarding my rights, they simply took my kids and left. I even requested a facility I could go to on my own and was never provided any information, even though I was being wgongfully accused of drug use. Are they allowed to do this? ISn't this a violation of my rights? And divulging information to my neighbors, my son is a minor....isn't that a violation of HIS rights?? Pleas e someone tell me waht I can do about this, if anything.

[Bob_Lynn]

Based on your story, you and your children have been violated of your Constitutional rights and your children have been outright kidnapped under color of law. You need to report this to the FBI immediately and have them put it on record. If whoever you speak to doesn't want to cooperate, ask for a supervisor and demand that they do their job and start a kidnapping investigation. You will want to cite your rights under the 4th Amendment as follows:

Amendment IV

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 to be searched, and the persons or things to be seized.

Get a recording device and record the telephone conversation with the FBI. Tell them you are recording the conversation for your protection.

[dasuberding]

Also, no warrant, no entry, and even if they had a warrant, you can still call and verify the legitimacy of the warrant. Contact the FBI and the Dept. of Justice civil rights division.

http://www.fbi.gov/hq/cid/civilrights/civilrts.htm

[Sarahlynn74]

they never showed me anything....there is no way they had a warrant....i have never been arrested,convicted, or accused of a crime in my life, and never given any reason for suspicion of anything....

[gideonmacleish]

There are exactly three reasons why a government agent may enter your home. They are as follows:

1. Warrant
2. Exigent Circumstances (compelling evidence that a crime is happening at the moment).
3. Consent.

Since you obviously did not give consent, and they apparently didn't have a warrant, they will argue exigent circumstances. Be prepared to insist that they provide proof of the existence of those exigent circumstances...an anonymous "tip", for the record, is NOT sufficient proof for a warrantless entry.

Be prepared to cite case law as applies to social workers, as many jurisdictions will wrongly assert that social workers are immune to the 4th amendment. A good place to start is Calabretta vs, Floyd; however, you can find more decisions in the "legal research" section. Just make sure that the decision was not overturned by a higher court.

This is not legal advice, and you may want to consult a lawyer. But it is the advice that I feel fits the situation. Best of luck, and keep us posted.

[Bob_Lynn]

Point is, before it even gets to court, you ought to put on the record that you placed a call to the FBI that your place was broken into, searched and your children were kidnapped by police and CPS all without a warrant or court order, under color of law.

[Sarahlynn74]

Does it matter that I already have an open case? I have physical custody, they have legal until I complete my case plan, which I am almost done with. Also I read in one of the websites I have been researching that California CPS, when doing a home visit accompanied by law enforcement, that law enforcement is strictly there to assist in keeping the peace or aid in removal if necessary, but they are no to have law enforcement do any investigating for them. One of the officers was the one interrogating and accusing, also defaming my character...I dont believe the woman that I believe to be with CPS asked me more than 2 or 3 questions. IS what I read true? Because if I understood correctly, law enforcement can only open a case if there is sufficient evidence to charge me with a crime, I know family law is different, they make decisions based on what "might have possibly happened" or what potentially "could happen"

[gideonmacleish]

Your 4th amendment rights do not matter whether you have an open case or not. Some states DO state that if you allow a case worker entry once, you cannot refuse them entry in the future, but that would be on shaky legal ground at best. They may use the open case as part of their argument for "exigent circumstances", but you should at least make them answer for why they entered without a warrant. While it should not be your sole basis for arguing for the return of your children, you should ask these questions and have them answered in the presence of a judge.

What you need to do (in my opinion, which is not to be confused with the advice of a lawyer), first and foremost, is find out the legal basis for removing your children. That is, what they submitted on paper and are arguing before a judge. You need to file a declaration of facts responding to each and every charge against you; you can find more information on how to do this in the "legal research" section of these forums. Get as much information as you can about your case and respond to every allegation. Include in your declaration of facts everything that heppened in their entry into your home.

Again, my advice is not legal advice, but it is the best advice I can offer, from my own experience.

[Bob_Lynn]

I didn't realize you have physical custody, your original post made it sound like they took your children and have them. You can't make it a case of kidnapping if you have your children. But the rest is true, they still violated your civil rights.

[Sarahlynn74]

They DID take my children....I DONT have them....I was told by a lady I am taking parenting through who is affiliated with cps that my son stated that my boyfriend was in the home, and that he did not feel safe...my boyfriend has a no contact order and is not allowed to be around my son and he WAS NOT THERE, nor had he been there anytime recently. My son was angry with me for punishing him earlier in the day for stealing at school (I took him to the police station so a police officer could talk to him about the consequences of stealing), and I guess it was his way of getting attention, by lying....I am starting to wonder if he may suffer from reactive attachment disorder and not ADHD...he sure does display many symptoms associated with it....anyway, that is why he was taken, because they believed my son even though they did not find my boyfriend here nor was there any evidence of him being here.

[holly]

This is my first time posting...

[good dad]

Hi Holly...Welcome to the site....

Always nice to get an opinion from someone inside the agency on "the way things are suppose to work"

[holly]

hgg

[Dazeemay]

You can use this in your O C form.

Be sure you state this one and do not let your lawyer talk you out of filing these forms. If you give them to him be sure he does it because it will be your loss.

http://forum.fightcps.com/viewtopic.php?t=2229

"Actions by state officers and employees, even if unauthorized or in excess of authority can be actions under 'color of law'. "

STRINGER V. DILGER, 313 F.2d 536 (U.S. Ct. App 10th Circ. - 1963

[Bob_Lynn]

I have physical custody, they have legal until I complete my case plan, which I am almost done with.

I'm confused, you posted the above and then posted they have your children. You can't have physical custody if you don't have your children. Also, by your statement, you're implying this case went through the court because CPS has legal custody.

[unfairjustice05]

They should have indentified themselves,lord only knows who they could have been or were when they entered your home, and just think if your husband had a gun and you screamed they could have been shot thinking they were robber's.

I won't let anyone in my home unless i see badgews and picture id's,i also call and verifiy that they are who they say they are.And verify they have a warrant to be served.

I also have a paper here that i have any one from the state or police dept sign so i can have name to tell my attorney.Nobody will ever set foot in my place unless i see id's

[redneckdad]

Sarah,

your case same like mine. She came to the house after the detective calls her.

When she came ... she didn`t tell me anything or show me her badges or any kinda id`s at all.

Our door is way open. So, everybody can get in to the house anytime.

When she show up inside the house, my wife asked her who she was and she just told her if she wants to talk with the detectives. So, we thought she`s a another detectives or from police department too.

After 2 hours inside my house, finally ... she told us who she was. Also, she didn`t ask our permission to interview my youngest son at all.

When my wife was tried to stay with my son at the room where this CPS & the detectives stay, she told the detectives to make my wife to get out of the room because they want to interview my son.

She did tell my wife. But, she doesn`t want to get out. She has her right to stay with her son to find out what`s going on, right ?

Also, I think ... this CPS has to get warrant to interview my kids when they arrive to any houses ?? This is what I read from the all laws.

[DontBiteMyNose]

The goons prey on those who don't know their rights. First, the goons cannot serve warrant searches without a commissioned LEO present, secondly, I'll tell you this -- if a goon(s) just walked right into my house, I'd have no choice per the Castle Doctrine and the 2nd Amendment to defend us.


[9.4] 9.8 (06-30-1998)
EXECUTION OF A WARRANT
The execution of a search warrant is directed to an authorized officer (not cps) of the United States who is commissioned to enforce (not cps)or assist in enforcing any law or to a person authorized by the President, commanding them forthwith to search the person or place for the property described in the warrant and to bring it before the judge or magistrate.
Service of the warrant must be effected in the daytime unless the judge or magistrate has inserted in the warrant a direction that it may be served at any time in the day or night. The Federal Rules of Criminal Procedure (Rule 41(h)) states that: The term daytime is used in this rule to mean the hours from 6:00 a.m. to 10:00 p.m. according to local time.
The warrant must be executed and a return made to the judge or magistrate within 10 days from the date of the warrant.