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...
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...
Well stated and certainly seemed to fit his actions.
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...
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...
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.
In the meeting after the forensic interview, the social worker said something about...
Yes, the court agreed to DHR's petition for the court to force me to cooperate with them inspecting my home. I did not receive any paperwork. She said: "you have 14 days to appeal. You are excused."
Should I have been given some paperwork? Is the "totally different path" you are referring to an...
unfortunately, that's not true. I would be fine with them getting a warrant. The judge said they can enter without a warrant. I talked to the police captain, and he said they won't force there way into my home until the judge issue a contempt of court order leading to an arrest warrant.
If...
I didn't specifically mention a search warrant bc the 4th Amendment only states a "warrant". The judge specifically said "search warrant". But she says it's not required bc DHR inspection isn't a search. She did not allow me to identify specific federal cases where court decisions involving...
Nothing is going on. Why do I need to validate invoking my 4th Amendment right? I didn't say they can't come in. I said they can't come in without a warrant. The judge said they don't need a warrant bc in her opinion, it's not a search.
However, numerous federal judges have ruled otherwise.
Is there any question in your mind that a dhr home inspection falls under the 4th Amendment? Juvenile court judge told me this morning that the 4th Amendment search and seizure clause does not apply to a dhr inspection. That blew my mind bc I have several cases listed that says otherwise. The...