My jurisdiction is: ca
I was asleep when the cop knocked on my door at a motel I rented while my room mate had family visiting, I paid for 3 days and this was on the morning of the 2nd day. I had my infant daughter with me who was handed over to cps only because of this arrest not because she was abused nor neglected.
Prior to contacting me the police officer had illegally searched a van parked out side on private property because he thought it had stolen reg tags on it which was not true they were for the yr it was last registered. The van belonged to a friend who had given me a ride the previous night. I did not include it on the registration for the room and the manager was never talked to at the motel. The officer obtained evidence from the van that I had no knowledge of the owner having these items in the van and had not personally touched them.
I was contacted about the van when the officer lied when I got up out of bed to answer the door I asked who it was because the peek hole was covered. He said one word which was the name of my friend who owned the van. I stupidly unlocked the door and started to walk to the restroom to comb my hair and what not. 3 cops bursted into my room telling me I committed a felony asking for the guy who rented this room.
I said no guy rented this room I did and asked what crime did "I" commit that you think is a felony. They told me I had stolen reg tags on my van. I said wait a minute that is not my responsibility and I know those tags are not stolen. The van is not mine and if I can use my phone I'll call the owner so you can take your issue up with him.
They started searching my room without consent and I said why are you doing this? I had nothing illegal in my room it was just me my baby and our things which hers were in a suitcase and mine were in the dresser. The cop used the evidence he had found in the van prior to contacting me claiming in his report he discovered these things inside my room to I guess seal the excuse for arresting me. I asked that the items be finger printed he just laughed at me.
I had no idea my friend was using drugs again and had paraphanillia of a few broken pipes in his van and one with enough testable stuff in it to charge me for another felony I guess I never saw what was in it or the pipes except for at a distance when getting booked into custody.
The only witness I had to this was my infant daughter the other residents saw only what went on prior to contacting me (how I found out he searched the van and knocked on the door next door first) and me being arrested and taken away in the cop car.
I was beyond upset that this could happen. In the police report he lies so much about the incident and where things were found really. He wanted an arrest and nothing was going to stop that agenda. He did however include the real owners name at the bottom of one report, even though the other officers wrote down my address when asked this officer wrote "transient"
I just wanted to be alone with my daughter and not bother anyone while my room mate had visitors I lost the money I paid for the room, I lost my child, I was put on prop 36 and numerous programs at the demand of probation and cps to regain custody of my non abused child illegally taken.
I had several different courts I had to go to from one arrest. The charge of registration fraud was dropped mainly because I was not responsible as owner and because the tags were not stolen I had the van in the parking lot to prove this. The judge seemed puzzled as I did that not being the owner I was charged for this van which had not commited any crime. I said I never even drove it. He dismissed this charge all the other charges were in two other courts. I told the judge "sir my baby was taken because of this charge when I was arrested" he replied " ma'am that issue is with the other court its not in my jurisdiction to change another courts orders"
I told cps the charge was dropped, they said it may have been but the drug charges were not and I had no care taker for my baby. I knew no one would believe that stuff was in the van not my room and the cop lied, I asked for the return of my child and was told no.
This has caused me so much pain and anguish to have my baby stolen and go through all of this. I've asked and asked for help no one wants to touch my case!!
I have family that can take my baby they did everything required and spent thousands of dollars getting prepared to have my baby placed there. When everything was done the case workers who had told my sister she had a chance to get my baby now have changed their minds and in the two months it took to do everything they claim my child has bonded to the current homosexual couple who want to adopt my baby. They moved her 3 other times without a problem why is it one now?
I have filed the last two petitions myself for a rehearing and review in the supreme court. I need to file a habeas corpus in federal court but don't know how to do this as there is allot of info on criminal habeas corpus I can't find the format used in cases of parental rights.
I have tried over 35 lawyers in my area and they are swamped or don't touch cases such as mine. Can any one please please help me? I can't do this much longer this pain hurts so bad and I cant have anymore kids. I own my home on 15 acres I can provide a stable life now that I'm married. And there never was any evidence that I was a bad parent all evidence supports me to deeply love my daughter.
I really need help please someone
I was asleep when the cop knocked on my door at a motel I rented while my room mate had family visiting, I paid for 3 days and this was on the morning of the 2nd day. I had my infant daughter with me who was handed over to cps only because of this arrest not because she was abused nor neglected.
Prior to contacting me the police officer had illegally searched a van parked out side on private property because he thought it had stolen reg tags on it which was not true they were for the yr it was last registered. The van belonged to a friend who had given me a ride the previous night. I did not include it on the registration for the room and the manager was never talked to at the motel. The officer obtained evidence from the van that I had no knowledge of the owner having these items in the van and had not personally touched them.
I was contacted about the van when the officer lied when I got up out of bed to answer the door I asked who it was because the peek hole was covered. He said one word which was the name of my friend who owned the van. I stupidly unlocked the door and started to walk to the restroom to comb my hair and what not. 3 cops bursted into my room telling me I committed a felony asking for the guy who rented this room.
I said no guy rented this room I did and asked what crime did "I" commit that you think is a felony. They told me I had stolen reg tags on my van. I said wait a minute that is not my responsibility and I know those tags are not stolen. The van is not mine and if I can use my phone I'll call the owner so you can take your issue up with him.
They started searching my room without consent and I said why are you doing this? I had nothing illegal in my room it was just me my baby and our things which hers were in a suitcase and mine were in the dresser. The cop used the evidence he had found in the van prior to contacting me claiming in his report he discovered these things inside my room to I guess seal the excuse for arresting me. I asked that the items be finger printed he just laughed at me.
I had no idea my friend was using drugs again and had paraphanillia of a few broken pipes in his van and one with enough testable stuff in it to charge me for another felony I guess I never saw what was in it or the pipes except for at a distance when getting booked into custody.
The only witness I had to this was my infant daughter the other residents saw only what went on prior to contacting me (how I found out he searched the van and knocked on the door next door first) and me being arrested and taken away in the cop car.
I was beyond upset that this could happen. In the police report he lies so much about the incident and where things were found really. He wanted an arrest and nothing was going to stop that agenda. He did however include the real owners name at the bottom of one report, even though the other officers wrote down my address when asked this officer wrote "transient"
I just wanted to be alone with my daughter and not bother anyone while my room mate had visitors I lost the money I paid for the room, I lost my child, I was put on prop 36 and numerous programs at the demand of probation and cps to regain custody of my non abused child illegally taken.
I had several different courts I had to go to from one arrest. The charge of registration fraud was dropped mainly because I was not responsible as owner and because the tags were not stolen I had the van in the parking lot to prove this. The judge seemed puzzled as I did that not being the owner I was charged for this van which had not commited any crime. I said I never even drove it. He dismissed this charge all the other charges were in two other courts. I told the judge "sir my baby was taken because of this charge when I was arrested" he replied " ma'am that issue is with the other court its not in my jurisdiction to change another courts orders"
I told cps the charge was dropped, they said it may have been but the drug charges were not and I had no care taker for my baby. I knew no one would believe that stuff was in the van not my room and the cop lied, I asked for the return of my child and was told no.
This has caused me so much pain and anguish to have my baby stolen and go through all of this. I've asked and asked for help no one wants to touch my case!!
I have family that can take my baby they did everything required and spent thousands of dollars getting prepared to have my baby placed there. When everything was done the case workers who had told my sister she had a chance to get my baby now have changed their minds and in the two months it took to do everything they claim my child has bonded to the current homosexual couple who want to adopt my baby. They moved her 3 other times without a problem why is it one now?
I have filed the last two petitions myself for a rehearing and review in the supreme court. I need to file a habeas corpus in federal court but don't know how to do this as there is allot of info on criminal habeas corpus I can't find the format used in cases of parental rights.
I have tried over 35 lawyers in my area and they are swamped or don't touch cases such as mine. Can any one please please help me? I can't do this much longer this pain hurts so bad and I cant have anymore kids. I own my home on 15 acres I can provide a stable life now that I'm married. And there never was any evidence that I was a bad parent all evidence supports me to deeply love my daughter.
I really need help please someone
