Arrest, Search, Seizure, Warrant Forced Search Consent for Someone's House

[ryoung0302]

Hello how is everyone? I have a question about consent for search of a home. I was asked to allow police to search my home, after I was told I was under arrest. I told the officer that I did not want to allow that until I spoke with my attorney. I have never been in trouble in my life but figured that was the smartest move. The first officer said that was fine, and then a few minutes a later another officer confronted me and said that if I did not sign the consent form that he would call CPS and have my son taken from me, instead of letting my wife have him. He said this was due to the trouble he would have to go through to get a warrant to search, and that if I was going to cause him trouble he would cause me trouble. I did agree that point only to make sure my son did not go to CPS. What I am looking for is if anyone knows of any cases in the state of TX that somehting along these lines may have occured. If anyone could help me out I would be grateful.

Thanks

Ryan Young

 

[kc5uea]

Hi Ryan,
First question to ask is this: did they find anything?
If not, they your only option would be a law suit, alleging a violation of your rights.
If so, if they are going to use what ever in the present case, have your Attorney file a Motion to Suppress. (Of course if they TRY to use it in a LATER case, file a Motion to suppress THEN)
Did any one witness this incident?
As for them calling CPS, THEY would need a warrant as well. If you EVER do have CPS show up at your door-step, ask for a warrant before you let them in (tell them to leave or YOU will call the cops on THEM for trespassing) and most importantly DO NOT talk to ANY CPS worker.
If you ARE worried about CPS bothering you, make sure you tell the Children NEVER talk to ANYONE without their Parents being PHYSICALLY PRESENT.

If you need help with CPS go to the website www.profamilyst.org

Hope this helps,
Mike in San Antonio.
NOTE: None of what I am writing is to be construed to be legal advice.
It is merely MY opinion.

 

[ajoelane]

Cps Warrant

The laws there must be differant then in california, CPS has the authurity to come in to your home here if they are called or there is a complaint filed in there office. They do not need a warrant, although I feel they have to much power in the state of california. The Cop's useing CPS as a threat to parents is the oldest trick in the police officers handbook, and a dirty trick, if there is no child abuse present or observed.

Hi Ryan,
First question to ask is this: did they find anything?
If not, they your only option would be a law suit, alleging a violation of your rights.
If so, if they are going to use what ever in the present case, have your Attorney file a Motion to Suppress. (Of course if they TRY to use it in a LATER case, file a Motion to suppress THEN)
Did any one witness this incident?
As for them calling CPS, THEY would need a warrant as well. If you EVER do have CPS show up at your door-step, ask for a warrant before you let them in (tell them to leave or YOU will call the cops on THEM for trespassing) and most importantly DO NOT talk to ANY CPS worker.
If you ARE worried about CPS bothering you, make sure you tell the Children NEVER talk to ANYONE without their Parents being PHYSICALLY PRESENT.

If you need help with CPS go to the website www.profamilyst.org

Hope this helps,
Mike in San Antonio.
NOTE: None of what I am writing is to be construed to be legal advice.
It is merely MY opinion.