legal or illegal?

Question

last Thursday, the cops came to my homel, while I was at work. According to them, somebody made a 9-1-1 call from my home (which wasn't true). So, they searched my home without permission and took my children away because of a dirty home. I went to the police station to find out if there actually was a 9-1-1 call.....and they couldn't find any information. So, to my knowledge they entered my home illegally, they didn't have permission to enter my home. So, my question for any lawyers out there is......can i file a lawsuit and get all the charges dropped (of child endangerment) and get my children back?

details...my kids were not alone...they were with their dad (my bf) at home while i was at work. According to the cops, they got a 9-1-1 hang up call, so they called back, my bf answered and told them nobody called. So, they came to my home, as soon as my bf answered the door, the cop walked right in. Then the cops called me at work, asking me to come home cause they're thinking about taking my kids away cause I have a dirty home. When I got home they started questioning me about his drug habits (which I had no idea about) so they said i was underarrest for felony child endangerment. To me it seemed like it was a set up. When i went to the police station to get proof of the hang up call, i was told there was no hang up call and i would have to talk to the responding officer. By the way the children are 10 (autistic), 6,3 and twins who are 6 months old. I feel the cops invaded my home illegally, there's already a lawsuit in my town with the same police dept. for the same thing

Answer 1

In most states, if they (the state) have your kids, they have 5 days to give you a probable cause hearing. Now constitutionally, you have an illegal search on your hands, but a juvenile judge ain't gonna care-----you do need to make sure the State has the cops there and go ahead and do and FOIA (Freedom of Information Act) request of all calls to 911 from your telephone number in the past 90 days and then subpoena the "keeper of the records" to go to court with you and testify that the call did not come from your home.

Then, clean your house!!! Take people to testify that your house is clean and you take care of your kids. Get school records and someone from the school to show they have good attendance and grades and are properly dressed ect.....

Now--once you get you kids back (assuming they do that at the PC hearing) you then will want to talk to a civil rights or criminal defense attorney about filing a Section 1983 action against the police for the illegal search that resulted in you being deprived of your kids.

Also--if you CAN in fact substantiate that the call did not come from your home--I'd go ahead and call the local paper and give them a heads up about what's going on--papers love a corrupt police story.

Answer 2

The police do not need your permission, nor a warrant to enter your home. They just need reasonable suspicion that a crime is occurring or exigency. For example even if the call didn't come from your house, but from a neighbor...or even if they were investigating another crime...and the officers looked into a window and found your children home alone....it is reason enough for them to enter the house and take custody of the children..But you can file a complaint, if you want, or find a lawyer and file a law suit...but I think you would be just spinning your wheels. Its a pain...but child endangerment laws will always favor the children...The best thing to do is go through the interviews with children's services..and do your best to show the court that you can provide a fit home, with good living conditions for your children...and hopefully you will get your kids back....be patient...it will take time.

Answer 3

How old are your kids? If they are little children (my guess would be less than teens) and you left them home alone - then that is child endangerment. Maybe somebody else called 911 because they knew your children were not being cared for. You don't have enough details here for the question to be answered completely.

Answer 4

Seek local legal advice. All 911 calls are recorded. It is possible that they responded to a hang up. The bad news is if the police had reasonable suspicion that an individual was in danger, the search is more of a gray area. (IE the police acted in good faith) It also depends upon the local laws and regulations. Good Luck.

Answer 5

Clean your home and dont leave them home alone whats wrong with you? Your more worried about your rights than the fact that someone saw your home and thought it was bad enough to take your children from you that has to be wicked bad you are worried about your home being searched but not by the example you are setting for your children? Again I ask what is wrong with you?

Answer 6

if they were in danger then they were in danger. it does not really matter how the police learned of it.
just because they are too disorganized to know where the call record is when you ask, does not mean they cannot get it when needed. maybe one child dialed it and you are unaware of it. maybe they will not give you the information because you did not suponea it properly. just asking will get you nowhere. they have better things to do than help you prepare your case against them.
you are a defendant and they will not help you. they are the enemy. you need an attorney and you need to take better care of kids so there is nothing for them to charge you with.

Answer 7

If all you say is accurate, yes. All 9-1-1 phone calls are recorded, there must be a record if a call was made. Seek legal advise.

Answer 8

i might make subsidies to tobacco growers unlawful, and rather, use that money to FEED human beings. If all of us is silly sufficient to smoke, that's their employer, yet i'm no longer interested in finding out to purchase their habit whilst there are hungry human beings accessible. i might legalize pot and gay marriages; that's in basic terms incorrect to tell human beings what they are able to do of their very own lives whilst that's no longer affecting me.

Answer 9

yes you van get your kids back and the charge drop
dude u can get rich from thgis you no why
cops cant search your house without your concent
or permission and of anythin gout of reason
woaaaah dude get ur kids back go go go
goodluck
froma fan of justice

Answer 10

Yes you can. My question would be how old are your kids and was someone watching them to make sure they were safe? There may be more to this story than you are telling us.