jharris352
New Member
Ok, I have a client who was at home with his girlfriend and baby who did not live with him. His doorbell rings and he finds six officers on his stoop with a CPS agent. He goes to the door, steps out on the stoop, and closes his door behind him. The officers begin questioning him about where his girlfriend is. He told the officers if they did not have a warrant that he wanted them to leave his property.
He had been under a criminal no contact bond with the girlfriend for the past several months, but apparently unknown to the officers his case had been dismissed. The officers were actually there to seize the couple's baby because the Mom had two other deprivation cases pending. The officers were not sure that either the Mom or baby were in the house. Neither the man or the mother had ever been accused of actually hurting a child.
The man, refused to answer where his girlfriend was when he determined the Police were investigating him for possible Aggravated Stalking and Criminal Deprivation of a child. He explained to the officers that his charges had been dismissed and he was no longer under any bond conditions. The police then started shouting, "Where is the Baby?" The man stated that he wanted them to leave his property unless they could produce a warrant or court order showing they had a right to be there.
When he refused to answer questions because they stated they were on a criminal investigation (possibly of him), and he refused to let them in the house to search for the baby, they arrested him for Obstruction of Justice. They opened his front door without his permission entering the house and found his 14 day old baby and girlfriend (who was now his wife), sitting in the living room.
After they determined she was there they got an emergency shelter care order and seized the baby.
Question:
1. What action of the Defendant constituted Obstruction of Justice?
2. Was the man required to answer questions or could he take his 5th amendment right?
3. With no specific information that the baby was in the house or in danger, were the police justified in entering the residence without the owner's permission or a warrant?
PS: This is an actual case I am working on. This is not hypothetical.
He had been under a criminal no contact bond with the girlfriend for the past several months, but apparently unknown to the officers his case had been dismissed. The officers were actually there to seize the couple's baby because the Mom had two other deprivation cases pending. The officers were not sure that either the Mom or baby were in the house. Neither the man or the mother had ever been accused of actually hurting a child.
The man, refused to answer where his girlfriend was when he determined the Police were investigating him for possible Aggravated Stalking and Criminal Deprivation of a child. He explained to the officers that his charges had been dismissed and he was no longer under any bond conditions. The police then started shouting, "Where is the Baby?" The man stated that he wanted them to leave his property unless they could produce a warrant or court order showing they had a right to be there.
When he refused to answer questions because they stated they were on a criminal investigation (possibly of him), and he refused to let them in the house to search for the baby, they arrested him for Obstruction of Justice. They opened his front door without his permission entering the house and found his 14 day old baby and girlfriend (who was now his wife), sitting in the living room.
After they determined she was there they got an emergency shelter care order and seized the baby.
Question:
1. What action of the Defendant constituted Obstruction of Justice?
2. Was the man required to answer questions or could he take his 5th amendment right?
3. With no specific information that the baby was in the house or in danger, were the police justified in entering the residence without the owner's permission or a warrant?
PS: This is an actual case I am working on. This is not hypothetical.
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