Keeping the Police and CPS Out of Your Home
The Fourth Amendment of the U.S. Constitution provides, "[t]he 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
The constitution was written to protect the people from government. Not government from the people
This country was built on strong people who value their life, liberty, and home
Re: Police Unlawful Entry, Use Threats and Force to Gain Entry
So what was going on in your house that you didn't want CPS to see?
Re: Police Unlawful Entry, Use Threats and Force to Gain Entry
Refusing unlawful, unwarrented entry does not mean guilt or hiding something.
Re: Police Unlawful Entry, Use Threats and Force to Gain Entry
You have been told your courses of action: File a personnel complaint and/or consult a local attorney who can review the full facts.
Re: Police Unlawful Entry, Use Threats and Force to Gain Entry
Guess i was hoping there were others on here who may have seen, heard about, been involved with. And would share what they did, didn't do, the out comes regarding the course of action they took
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free9man
You have been told your courses of action: File a personnel complaint and/or consult a local attorney who can review the full facts.
I'm not sure the facts are reviewed, if they were things would be way different.
Re: Police Unlawful Entry, Use Threats and Force to Gain Entry
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manjuiboy@12
The Fourth Amendment of the U.S. Constitution provides, "[t]he 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
The constitution was written to protect the people from government. Not government from the people
This country was built on strong people who value their life, liberty, and home
Yep.
And, keep in mind that there are exceptions to the warrant requirement. Consent, probable cause and an exigency, that sort of thing.
Once again ... if you want, consult an attorney and complain to the agency. And, again, absent actual damages, a lawsuit may be a tricky and expensive thing to pursue. But, it's your call.
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manjuiboy@12
Guess i was hoping there were others on here who may have seen, heard about, been involved with. And would share what they did, didn't do, the out comes regarding the course of action they took
Every situation is different. We do not know the facts of your situation. If, they are as you outlined them and there is nothing else, then refer to my initial post. But, there may be more that you do NOT know about. The police are under no legal obligation to tell you everything they know or believe.
Re: Police Unlawful Entry, Use Threats and Force to Gain Entry
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eerelations
What was going on in your house that you didn't want CPS to see?
That question assumes that refusing consent must mean that the person refusing is doing something illegal or has something to hide. I realize that at least some police officers tend to think that way, but it is not a logical conclusion and legally that inference is not permitted. The refusal of consent cannot itself be the basis for a warrant. There are some people, myself among them, who would not consent to a search even though they had nothing to hide simply on the principle that they value their privacy and do not wish government agents to be snooping around their house. The Constitution was not written to protect the guilty; it was designed to protect the rights of the innocent from government overreach and intrusion. Refusing consent means nothing more than the person does not want to give consent. Logically one cannot say that refusing consent means the person must have something to hide because it is quite possible (and it does happen) that people who have nothing to hide refuse consent too. Perhaps you would always roll over and let the government search your person or your home if you had nothing to hide, but not everyone is so willing to let the government do as it pleases.
Re: Police Unlawful Entry, Use Threats and Force to Gain Entry
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manjuiboy@12
Refusing unlawful, unwarrented entry does not mean guilt or hiding something.
Sure it does. Anyone wanting to avoid grief with CPS and the cops would want tor prove that they're not hiding something. Unwilling to try and prove this? Must be hiding something.
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Taxing Matters
That question assumes that refusing consent must mean that the person refusing is doing something illegal or has something to hide. I realize that at least some police officers tend to think that way, but it is not a logical conclusion and legally that inference is not permitted. The refusal of consent cannot itself be the basis for a warrant. There are some people, myself among them, who would not consent to a search even though they had nothing to hide simply on the principle that they value their privacy and do not wish government agents to be snooping around their house. The Constitution was not written to protect the guilty; it was designed to protect the rights of the innocent from government overreach and intrusion. Refusing consent means nothing more than the person does not want to give consent. Logically one cannot say that refusing consent means the person must have something to hide because it is quite possible (and it does happen) that people who have nothing to hide refuse consent too. Perhaps you would always roll over and let the government search your person or your home if you had nothing to hide, but not everyone is so willing to let the government do as it pleases.
OP also refused entry to CPS. That is suspicious.
Re: Police Unlawful Entry, Use Threats and Force to Gain Entry
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cdwjava
Yep.
The police are under no legal obligation to tell you everything they know or believe.
It would seem that this is where it is stacked. The police dont know anything else, there is nothing to know. More importantly, today it seems things are totally base on belief. This gives government agent complete freedom to do what they want. Based solely on their "belief to be"
In that case things are pretty hopeless
How do you fight a case when its based on simple belief.
You might as well turn in your freedom and become a government state.
Re: Police Unlawful Entry, Use Threats and Force to Gain Entry
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eerelations
Sure it does. Anyone wanting to avoid grief with CPS and the cops would want tor prove that they're not hiding something. Unwilling to try and prove this? Must be hiding something.
OP also refused entry to CPS. That is suspicious.
No its not. There is a family law attorney who posts on these forums who tells people that they should NEVER let CPS into their homes without a warrant or court order.