Judge ruled illegal search does not matter

[MNNaNa]

I did not know where to post this.

The judge in my daughters case ruled that the ILLEGAL search the police did on their home in April 2003 did not matter when it came to protecting the children.

The children were removed as a result of the search warrant.

This warrant was later in March 2006 found to be unlawful.

Even though the attorney for my daughter and the father of the children cite cases, the judge still cited other cases where an illegal search warrant does not exclude the police looking out for the welfare of the children.

Can anyone help on this?

Do you know of any case law that would pertain.

It might matter for the 2 oldest kids.

The baby was signed away just last week.

[Frustrated]

Do you have the Copy of this Warrant?

The Judge knows that every Police needs a Warrant to enter the Home...

Note the Consitution about Search and Seizure clause...you can use that Constitution against the Judge.

Sounds like the Judge is a Rubberstamper to CPS.

Remind the Judge again that it matters. The Citizen's Rights were violated.

Where is the Best interests of the Child? Did they even mention that fact?

Maybe the other Members have additional advice, because I don't know much about Warrants, just the Law that states that you have the right to protect yourself against illegal Warrants for Search and Seizure.

[Frustrated]

I would report this Idiot Judge to the Bar Association for Judical Review...this Judge should be disbenched for making that comment. He KNOWS that Warrants are important...and Police has to follow the Warrant, period. NO warrants, No entry. That's the LAW CLEARLY STATED ON THE CONSITUTION!

get the Judge off the Bench!

If I was with you, I would help you to get him off! Just easily go to the Bar Association for Judicial Review Office and file motions.

Was the Children in any Imminent Danger of Harm?

That's the question. The Warrant only can be filed if CPS states that the Children ARE in fact Imminent DANGER< DANGER of Harm and that justify search of the Home in the name of protection of the "Said" Child? Were they in any Danger?

That is what you need to state in the Motions.

[MNNaNa]

The warrant was not related to the children.

It was for the father having alleged stolen property, which was proven in court in March 2006 to be false.

At the time they executed the warrant they found the house to be filthy and the cop Believed the dad was under the influence of marijuana.

Those are the only allegations.

Later allegations came as a result of my daughter not following her case plan.

[dasuberding]

the police have to follow the warrant specifically meaning they are told what to look for and what to take. Did they remove the children or did they call CPS?

[Momoffor]

At the time they executed the warrant they found the house to be filthy and the cop Believed the dad was under the influence of marijuana.

What kind of 'filth' are we talking? Was it really filthy? or the favorite 'cluttered filth' CPS often uses?

If it was truely filthy, the judge is correct. Weather the warrant was later to be found illegal or not, they could not just walk away or ignore the fact that the children were living in filth. Something had to be done.

(if the house was cluttered, then thats a whole new ball game)

[MNNaNa]

How does one define "filth"?

They were packing up to move. The dishes were dirty, the boxes were all over the house. The carpet was dirty ( no vacuum).

The kids had dirty diapers. The kids room had dirty dipaers on the floor.

BUT, the thing is my daughter complied with all their "case plan".

She got the kids back. The only reason they took them a second time was because she was homeless. They did not help her find housing.

She was wrong to continue her relationship with the dad, but they did not help her to break that off either. They did not help her to get the emotional support and pyschological support she needed.

They took her kids because she was POOR!

And I could only do so much. She made some bad choices at that time. (like not placing the kids back with me and making up lies about my husband and I).

So the kids lose. Read the article posted by Gideon on the main page. THE KIDS LOSE.