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  1. #11
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,393

    Default Re: The Custodial Parent May Be Abusing Prescription Drugs

    Balderdash. Either you're lying or the sheriff needs to be impeached.

    Take your pick.

  2. #12
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: The Custodial Parent May Be Abusing Prescription Drugs

    Quote Quoting mrshiggins
    View Post
    Is there anything my husband can do? I mean, things have been going fine when we thought things were fine but obviously there is a bunch of shit going on. And I really hate for my husband to stir the pot and then it backfire on us.
    Thanks
    If the children are being effected in some way, about all he CAN do is bring this up to the Family Court and seek some sort of modification to custody and visitation. The problem is, text messages on her phone will be of questionable admissibility and little proof that she is neglecting the children or putting them at risk. It's up to him whether this is an issue he's willing to run up the flag pole with the court. But, he'd better be able to demonstrate in some objective way that her actions have pout the children at foreseeable risk.

    You and he could also speak with the police about what you found on her phone. However, it will likely do little more than give them some direction to look if they are interested in looking. Unless the parties are known to the police or they are involved in some large scale dealing, chances are they won't be too interested. The police simply are not in a position to investigate every functional prescription medication addict out there.

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    Quote Quoting mrshiggins
    View Post
    Because it was in my driveway. Already talk with the Sheriffs and they say I had the right. Nothing illegal about it.
    I also don't believe there was anything unlawful in looking at a phone found in your driveway. Whether you or the state might be able to use the contents against the owner might be a little more murky.

    Besides, the texts are not proof of anything, so their usefulness is further limited.

    Thank God I did because there was inappropriate pictures of my step son on there. The CPS has been notified and they are running an investigation on her.
    What are "inappropriate" pictures? This doesn't mean unlawful or dangerous.

    And FYI, dealing prescription drugs that aren't yours is a felony.
    And a text message - by itself - will not even get them a search warrant.

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    Quote Quoting mrshiggins
    View Post
    If CPS doesn't find anything we won't pursue anything... it won't be known. The fact that I looked in her phone is totally anonymous and the only people who know is the CPS lady who isn't even putting it into the report that I contacted her. Mom doesn't know where she lost her phone so she has no idea we have it.
    The only way CPS will be able to investigate will be to reveal that they have some idea that she might be involved in the abuse or trafficking of prescription meds. She might get a clue at some point.

    Also, I hope you turned the phone over to the sheriff's department (or local police). If not, you could be charged with theft ...

    485. One who finds lost property under circumstances which give him
    knowledge of or means of inquiry as to the true owner, and who
    appropriates such property to his own use, or to the use of another
    person not entitled thereto, without first making reasonable and just
    efforts to find the owner and to restore the property to him, is
    guilty of theft.

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    Quote Quoting mrshiggins
    View Post
    The Sheriff gave me that line.
    The phone is now with CPS as they will do their investigation.
    CPS took the phone?!?!

    They are NOT law enforcement and this may open a HUUUGE can of worms that will implicate them in potential civil or criminal problems!

    So, either CPS screwed this up by taking the phone, or, you are fibbing when you say they have it. CPS social workers do NOT take "evidence" as they have no legal authority to do so.

    Are any of you lawyers or law enforcement for California? If not, then please don't respond as you don't know the laws.
    I am, and I do.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #13
    Join Date
    Jan 2009
    Location
    California
    Posts
    397

    Default Re: The Custodial Parent May Be Abusing Prescription Drugs

    I dropped the phone off with CPS today. It has pictures exploiting my step son. I won't go into further detail.
    Well what is done is done. I'll let the authorities do what they do.

  4. #14
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: The Custodial Parent May Be Abusing Prescription Drugs

    Quote Quoting mrshiggins
    View Post
    I dropped the phone off with CPS today. It has pictures exploiting my step son. I won't go into further detail.
    Well what is done is done. I'll let the authorities do what they do.
    Again, I'm not sure what you mean by "exploiting". I spent a few years as a juvenile crimes investigator and have supervised my department's investigations unit for about 10 years, and I have seen a great many people consider legally innocuous things as criminal, so I wouldn't leap to any conclusions that anything on the phone will be able to be used against mom ... not to mention the fact that the phone is in the possession of CPS and NOT law enforcement could well cause problems with them should this become a criminal matter or if the court should try to get involved to take the children from her.

    Somebody may have mucked this up unless CPS got the police involved immediately.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #15
    Join Date
    Jul 2012
    Location
    So Cal
    Posts
    854

    Default Re: The Custodial Parent May Be Abusing Prescription Drugs

    Are CPS office locations even open on holidays? Phone lines, sure. But the actual physical office location?

    Something sounds off here. I can't imagine that they would take physical possession of that type of evidence either.

    CPS will take the report, sure. If it's something really serious, they refer the matter to the police immediately.

    I have the feeling that this is NOT going to go the way that step-mom is envisioning.

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    Quote Quoting mrshiggins
    View Post
    Are any of you lawyers or law enforcement for California? If not, then please don't respond as you don't know the laws.
    Suck it up buttercup. If you want to ensure that you're speaking to an attorney then shell out the cash and go speak to one.

  6. #16
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: The Custodial Parent May Be Abusing Prescription Drugs

    Quote Quoting EA1070a
    View Post
    Are CPS office locations even open on holidays? Phone lines, sure. But the actual physical office location?
    Hmmm ... good observation! CPS does have on-call folks on Holidays and weekend, and after hours, but this does not seem like the sort of thing that would get them to roll out on a Holiday as there seems to be no immediate need to remove the child from the home tonight!

    Something sounds off here. I can't imagine that they would take physical possession of that type of evidence either.
    Agreed.

    CPS will take the report, sure. If it's something really serious, they refer the matter to the police immediately.
    As a matter of fact, they are required by law (PC 11166) to cross-report it to the police.

    I have the feeling that this is NOT going to go the way that step-mom is envisioning.
    You may be right.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  7. #17
    Join Date
    Jan 2009
    Location
    California
    Posts
    397

    Default Re: The Custodial Parent May Be Abusing Prescription Drugs

    The hotline was open and I was directed to drop it off in the mail slot. The social worker was assigned today and she will be filing a report with the Sheriffs department.
    If nothing is done, then that's that... But I can feel good that my husband and I did what we felt needed to be done to protect his son.

    EA-- We have a consult with an attorney tomorrow actually. I just think it's ridiculous that people on here are stating things that aren't fact, that are senior members and I feel bad for those who don't have any experience in this area because they will take those on their word and possibly give up hope or get screwed.

    I will say that I've posted before and have gotten good advice... but this time just seems like a whole new group of people who don't know what they are talking about.

  8. #18
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: The Custodial Parent May Be Abusing Prescription Drugs

    Considering this is none of your legal business to begin with, some might consider you lucky you got a response at all.


  9. #19
    Join Date
    Feb 2011
    Posts
    21

    Default Re: Prescription Pills That Aren't Moms

    Mrshiggins,

    I also was under the impression that this forum is to be helpful. You have to ignore the shenanigans of the judgmental/opinionated folks. There are only a handful of individuals who actually provide legitimate guidance absent any sarcasm/opinions/judgement.

    Good luck!

  10. #20
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Prescription Pills That Aren't Moms

    Quote Quoting mygalantgtz
    View Post
    Mrshiggins,

    I also was under the impression that this forum is to be helpful. You have to ignore the shenanigans of the judgmental/opinionated folks. There are only a handful of individuals who actually provide legitimate guidance absent any sarcasm/opinions/judgement.

    Good luck!
    Feel free to pay an attorney to help.

    You're welcome!

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