If someone calls the cops on you to check on the welfare of your child, can the officer go back to the person that called and tell them what was found?
2007-01-15 12:43:40 · 5 answers · asked by pvtroser 1 in Politics & Government ➔ Law & Ethics
Supposedly, this police officer went back to her house after being in mine, and told the lady that called that I "looked like **** and said she had the flu". Is there anything I can do to find out if this is true, and if so, can the officer get written up or something? I was under the impression that an officer couldnt discuss cases with people like that, unless it was the person being investigated, especially since it involved a minor child.
2007-01-15 14:59:02 · update #1
Not legally, unless the person works for child protective services, or is a fellow law-enforcement officer. There may be exceptions for mandatory reporters, such as a teacher or youth counselor. There is also a possible exception if the complainant has joint custodial rights, but the appropriate venue for them would be to contact Child Protective Services, and NOT the Police.
No, if there is a problem, then the Police Officer is under a requirement to disclose this information to child protective services. It would be a serious breach of conduct for a Law Enforcement officer to discuss an investigation with a citizen who was not from Child Protective Services or a Mandatory reporter.
If you could prove such an action did occur, yes, you may file a complaint against the officer. All the officer can say, if anything, is that the compainants allegations were unfounded. If there was a basis to the complaint, the LE officer is required to report to CPS, but they cannot discuss the issue with the complainant except in the course of an investigation. It is more likely to bring more trouble to the compainant.
You would have to have a legal representative find a motion of discovery to obtain the Police Officer's report.
Good luck to you.
2007-01-22 23:10:10 · answer #1 · answered by Anonymous · 1⤊ 0⤋
If the average citizen is asking, we will usually not tell them anything. If they call, we will tell them either nothing was found, or if there was something found, the proper people were notified.
Most of the time CPS is the one calling for a child welfare check, not a regular citizen.
If it is CPS asking, we will tell them if the concerns they had were present or not, and any other concerns we may have noticed while there.
It depends on th relationship between CPS and the PD in that area. We work pretty closely with our CPS workers.
2007-01-15 21:34:09 · answer #2 · answered by ? 5 · 0⤊ 0⤋
Well what did that violate? If he gave specifics I guess that would be inappropriate but if the caller calls back, he can update them to a certain degree without going into detail that would be damaging. So he said you had the flu, do you even know this to be true? Why are you jumping on the officer right away? It's not always their fault.
2007-01-21 20:45:03 · answer #3 · answered by Rhode Island Red 5 · 0⤊ 0⤋
not by the rules and the privaceny act, but you know people have friends in high places so watch out for those type people
2007-01-23 17:53:15 · answer #4 · answered by queenbee 2 · 0⤊ 0⤋
I would only tell them whether or not the specific concerns they had were or were not justified. Anything else is none of their business, IMHO.
2007-01-15 20:47:58 · answer #5 · answered by Citicop 7 · 0⤊ 0⤋