Is there any question the 4th Amendment applies to CPS home inspection

[army judge]

The only time we cooperated was with the forensic interview of my child who was molested (offender is someone in a different state). The interview was conducted by a child advocate not directly employed by DHR.

That is your problem, citizen, you agreed to far more than you imagined.

If you have the agreement, take it out, read it in its entirety.

You've agreed to one thing, but to the bullies of the state, you've agreed and acquiesced to everything.

You're also doing this without an attorney.

The bullies and their bosses don't fear you, nor do they take you seriously.

If this is a path you wish to continue to trod, prepare for the onslaught.

If you proceed without counsel, you'll be abused far more than you have already been misused.

These bullies aren't afraid of an attorney, either.

However, I have ability to bury these critters and their bosses in paper, hearings, direct examination, and questions, questions, questions.

A bully on the witness stand, being questioned for hour after hour, breaks down, because the judge ensures cooperation.

Mate, don't toy with these critters unless you know what you're dealing with and you have nothing to lose.


Let me know what you learn after reading whatever it is you were coerced into signing.

 

[chrissomething]

If you have the agreement, take it out, read it in its entirety.

You've agreed to one thing, but to the bullies of the state, you've agreed and acquiesced to everything.

We have no written agreement or documentation of any kind. We have not signed anything. I am the person who pressed charges against the offender; the case couldn't advance without the interview. Also, if I didn't allow the interview, they were just going to go do it at her school, which is what they did with the older sibling. They tried to do it with the younger sibling, but I was able to stop it until yesterday.

I talked to the clerk this morning; apparently we will get the final judgement in the mail. It is still pending.

I think I scared them a little bc the bailiff intervened during the proceeding. He also left the courtroom this morning and came to the clerk's office. They all remembered me well. They said you're the guy talking about the 4th amendment.

This judge has been the juvenile court judge for 8 years, and all this time she hasn't been challenged on the 4th Amendment applying to DHR administrative searches. Her term ends this year, though.

How much do you charge an hour to bully witnesses? I would love for someone to make the social worker and her boss cry.

I'm also greatly annoyed that the guardian ad litem was basically a door mat during the proceeding. He went right along with the judge, yet he's never talked to my daughter and made contact with us at all. He looked like a gas station hobo.

 

[army judge]

How much do you charge an hour to bully witnesses? I would love for someone to make the social worker and her boss cry.

These days I often do pro bono work, but I never solicit clients from this site.
Hell, these days, I'm retired.
I work mainly for my amusement.

I'm also greatly annoyed that the guardian ad litem was basically a door mat during the proceeding. He went right along with the judge, yet he's never talked to my daughter and made contact with us at all. He looked like a gas station hobo.

Guardian ad litems often do little more than support the status quo and the system.

You may have already rocked the boat far more than you know.

Without a search warrant, no one can enter your home, if you oppose their entry.

That doesn't mean you get physical, that means you simply say no.

It is the good old summertime, mate.

Have you considered taking a vacation?

You also need not answer a knock at the door, even when you're home.

I never answer my doorbell.

You don't have to answer yours, either.

If a search warrant is presented to you, you allow them to search your home.

Anything less is simply a request, which can be met with a polite, "No, thanks."

 

[chrissomething]

Guardian ad litems often do little more than support the status quo and the system.

Well stated and certainly seemed to fit his actions.

You also need not answer a knock at the door, even when you're home.

I never answer my doorbell.

You don't have to answer yours, either.

That's the plan for now until we can appeal the decision. Police Captain basically said just don't open the door. He said if I tell them they can't enter, the judge will issue a contempt charge. He said I don't have to open the door at all, but he didn't really say what will happen if I never open the door though.

 

[army judge]

Well stated and certainly seemed to fit his actions.

Police Captain basically said just don't open the door. He said if I tell them they can't enter, the judge will issue a contempt charge. He said I don't have to open the door at all, but he didn't really say what will happen if I never open the door though.

Read the judge's decision, and then discuss it with a lawyer.

Better yet, meet with a lawyer and ask her/him exactly what the decision requires you to do.

I don't see how a judge can order you to open your home to a state agency WITHOUT issuing a search warrant.

Such a decision does seem to violate constitutional protections.

You might also contact your local ACLU American Civil Liberties Union and arrange to meet with one of their attorneys.

I dislike much of what the ACLU does these days, but constitutional protections are their sweet spots.

 

[chrissomething]

You might also contact your local ACLU American Civil Liberties Union and arrange to meet with one of their attorneys.

I dislike much of what the ACLU does these days, but constitutional protections are their sweet spots.

Excellent points.

We have a couple of appts with lawyers for tomorrow. I guess we will get mailed a copy of the judgment next week.

Is a Court of Civil Appeals of Alabama decision considered case law for all civil courts in the state of Alabama? I'm specifically referring to H.R. v. STATE DEPARTMENT OF HUMAN RESOURCES. It's a remarkable case that should work in my favor. I was not familiar with it during our proceedings, or I would have certainly tried to use it. The best quote is: the case worker cannot be empowered to enter private homes, poor or rich, without reasonable cause to believe that the charged acts are occurring.

 

[army judge]

the case worker cannot be empowered to enter private homes, poor or rich, without reasonable cause to believe that the charged acts are occurring.

I think I found the case you cited.

HR v. State Dept. of Human Resources, 612 So. 2d 477 – CourtListener.com

This is how it should be cited for others to find it quickly and accurately.

HR v. State Dept. of Human Resources, 612 So. 2d 477 (Ala. Civ. App. 1992)
Court of Civil Appeals of Alabama
Filed: August 28th, 1992

Precedential Status: Precedential

Citations: 612 So. 2d 477

Docket Number: 2910279 to 2910282, 2910304 to 2910307

It appears to be precedential in scope.

I would note that you reported an alleged crime perpetrated against your child.

You, nor was the mother ever alleged to be the perpetrator.

The alleged perpetrator was, however, known to you and your spouse.

Your case differs from the one on point, only to require more personal privacy protections for your family, not less.

My guess is that is why the judge DIDN'T order a search warrant, most likely.

 

[chrissomething]

I would note that you reported an alleged crime perpetrated against your child.

You, nor was the mother ever alleged to be the perpetrator.

The alleged perpetrator was, however, known to you and your spouse.

Your case differs from the one on point, only to require more personal privacy protections for your family, not less.

My guess is that is why the judge DIDN'T order a search warrant, most likely.

I follow what you are saying. You are referring to the difference that there is evidence of a crime in my case, where as it was only an anonymous tip in that case.

The appeals court stated there had to be "a showing of reasonable or probable cause to believe that a crime is being or is about to be committed or a valid regulation is being or is about to be violated." Seems like that would be a standard all civil courts have to follow in this state even if they disregard the 4th Amendment, which our judge did. She went to undergrad school in Alabama, law school in Alabama, practiced law for 10 years, now a judge for years. Surely she was familiar with this appeals case.

Keep in mind, the judge asked DHR why they needed to inspect our home, and their only response was so that they can close the case. They didn't mention any specifics or the crime.

 

[army judge]

Keep in mind, the judge asked DHR why they needed to inspect our home, and their only response was so that they can close the case. They didn't mention any specifics or the crime.

I had all of that and more in mind when I responded.

You, your spouse, your children are innocent of any crime.

None of you harmed the child.

It appears a pervert related to one or more of you sexually abused your child.

Once you (or your spouse) became aware of what the evil, rat bastard did to your precious child, you reported the matter to the police.

You didn't encourage the freak or in any way facilitate what the nasty scuzzball did to your baby.

You and your family are why defense lawyers exist.

You are the reason I went to law school, and the family I recently aided.

It irks me to no end when the government bullies, threatens, or molests decent, law abiding citizens.

Because your child was abused, your entire family must be investigated.

No, they don't, if you stand united and strong.

The fact that any government bureaucrat, or one of their hirelings would treat you with suspicion angers me.

Its akin to being robbed, pistol whipped, and raped by the robber; then the police interrogating you because you were victimized by scum.

The case you asked about is just the kryptonite you need to keep the demons at bay.

BTW, how is your child doing?

I sure hope things are improving.

God bless.

 

[chrissomething]

You nailed it all pretty good.

Our child is fine. She's in junior high. The last incident was 3 1/2 years ago or so.

Thanks.