Consent Form For Search and Seizure

[ryoung0302]

What is the name of your state? Texas

Hello how is everyone today? I am hoping to get some advice. I do have a lwayer for this situation and she is working on it as well, but I am also doing research to see if someone out there might know something the she is unaware of. I have read other posts and I hope that everyone will keep a clear mind to what I am saying.

I was recently arrested for online solicitation of a minor. I never met this person, only talked to them online. I was unemployed at the time and home taking care of my own child, and while he would sleep I would chat in the adult rooms on yahoo. I never thought that it was a young girl, just someone being stupid. I also never made plans to meet this girl. I am not saying what I did was right, but it was only chat and never anything more. When they arrived at my house, they knocked and I open the door, I was told to get to the ground (two had weapons drawn) and I did, they asked who else was home and I told them my child was asleep in his room. Three officers entered my house and one brought me to the waiting car. About a minute after being in the car an officer asked for someone to call to come and get my child, I gave him the number and he shut the door. I then waited for about ten minutes while they were in my house doing whatever. After the ten minutes one of the officers came and asked for my consent to search my apartment and I told him I wanted to speak with my attorney first, since I didnt know what all was going on. I had still not been shown an arrest warrant even though I had asked twice. He said he understood and he shut the door to the car and proceeded to return to my apartment. Another five minutes went by and the first officer that asked for a phone number came to the car and asked why I was being a jerk and not cooperating with them. I apologized and said all I wanted was to call my lawyer and see if they thought it was ok, and if so I would sign anything they wanted. He then asked how long it would be before my mom would arrive. (I did not call my wife since she was in a meeting, but knew my mom would call her as soon as she could.) I told him I did not know but that it should not be more than a few minutes, and he once again asked me to sign the consent form and I declined for the second time, by telling him I wanted to talk to my attorney. He told me to stop being a jerk and that he would be right back. He went into my apartment and came back about 5 minutes later, he came back again asking for me to sign the consent, I once again refused and he said that since I was not going to osign his form, that he would be forced to call CPS to pick up my son instead of letting my mom or wife have him, and that I am the one who forced him to do so since I would not work with him. I told him all he had to do was let me call my attorney, a two minute phone call, and that I would let him stand there while I talked to him, he said we didnt have time. He then said you have one minute to decide, and that if CPS got my son he would make sure that it would take anyone in family a long time to get him back, and did I want that on my mind? I begged him not to call, and he said sign the form and I wont. I gave into him as he was dialing a number on his phone. Luckily my mom showed up a few minutes later, and my wife shortly after that. My wife had already called our attorney (family friend) and they started looking for me downtown. They told them both I was already under arrest and that I could be talked to later. About two hours later, I was interviewed, my attorney had already tried to find me, and I was not in any system what so ever, he even went to the police station, faxed the station, and text messaged, and called the arresting officer directly. I know he called because his cell was going off during our interview. While at the station I asked three more times to call my attorney and they said not until after we talked. Once the detective got there, I again asked him and he said the sooner we talked the sooner I got a phone call, and that if I did not talk to him, it could take all night.

I am sorry if this ran a little long. My questions are as follows:

1. When arresting me in my own home, should they not have to show a warrant? The only thing that they had was a "pocket warrant" (anyone know this?)?

2. Is it legal to threaten someone to get them to sign a consent form? The only reason I even agreed to allow the search was due to my child? Does this make it valid?

3. Does me asking for my attorney on more than 6 different occassions actually mean antyhing? or can they just do what they want till the seem ready?

By the way, it was a task force, and never any female on the other end, I never sent pics, or called the number they were trying to get me to call, set up a time to meet them, even though it was suggested by them on more than one occassion. Any help would be greatly appreciated.

Thanks

ryoung0302

 

[CdwJava]

1. When arresting me in my own home, should they not have to show a warrant? The only thing that they had was a "pocket warrant" (anyone know this?)?

Here is one explanation on a pocket warrant (whcih seems to be a pre-complaint warrant):

But, before the complaint is filed, you could use a "pocket warrant" pursuant to CCP art. 15.03(a)(2), where an arrest warrant can issue "when any person shall make oath before the magistrate tha another has committed some offense against the laws of the State." It does not require that the person also request that the magistrate file a formal criminal charge. Thus, the arrest can take place before the suspects are aware that they are wanted for the crime, and the complaint can be filed after they are taken into custody.

2. Is it legal to threaten someone to get them to sign a consent form? The only reason I even agreed to allow the search was due to my child? Does this make it valid?

Using threats to coerce compliance places the issue of consent in question. An attorney can make the appropriate motions before the court.

However, an officer certainly can explain what will happen if you do not sign the consent form. But, this can be a very tenuous line.

But, given the circumstances, I'd have taken the children anyway ... better safe than sorry.

Speak to an attorney.

3. Does me asking for my attorney on more than 6 different occassions actually mean antyhing? or can they just do what they want till the seem ready?

Your asking for an attorney only has an effect if you are in custody and they are interrogating you. If they refuse to permit you an attorney AND they continue their interview, any statements you make can be suppressed. And, the officers COULD face a civil suit depending on the status of the law in TX.

By the way, it was a task force, and never any female on the other end, I never sent pics, or called the number they were trying to get me to call, set up a time to meet them, even though it was suggested by them on more than one occassion. Any help would be greatly appreciated.

All are issues for your attorney to work on. Lack of a child on the other end is rarely an issue for the attempt or solicitation.


- Carl

 

[ryoung0302]

Why?

Why would my son be taken into CPS custody? The officer had already called my mom, and my wife was also on the way home. Also if they did not have consent are they allowed to walk in and out of the house at will? I told them that they could not search the home, and then they returned into the home without my consent. This in no way seems right, I tell them no, yet the still continue to walk in and out of my home. I was allowed back into my home 30 minutes into all of this, and my computer screen was different, my screensaver was not on, and my monitor, (which should have been in standby in 15 minutes was still running). This was before the consent was given, so what where they doing the whole time inside my home? Not to mention that one of the officers stated that he was into the show that was on tv to me as I walked into the house. Still with no consent? And also why would CPS need to be involved? We are now 2 months into this and it is still a complaint, nothing more has been filed. I thank you for your response, hope that I am not sounding ungrateful.

thanks

 

[CdwJava]

Why would my son be taken into CPS custody? The officer had already called my mom, and my wife was also on the way home.

If they believed that you were solicitng children on the internet for sexual acts, CPS and law enforcement are not likely to permit a child to remain in the same environment. Even if your wife - the child's mother - were present, a good case could be made for temporary placement of the child. It would all depend on the nature of the allegations and the information know to, or believed by, the police.

Also if they did not have consent are they allowed to walk in and out of the house at will?

Yes and no. They cannot "search" it. But, under most circumstances they CAN go inside to conduct a protective sweep (make sure no one else is inside, and identify any victims or suspects that might be present).

I told them that they could not search the home, and then they returned into the home without my consent. This in no way seems right, I tell them no, yet the still continue to walk in and out of my home.

After the first time in, they shouldn't have had to go back in. If they did, but did not seize anything, then no harm will likely have been done anyway. Unless your attorney can successfulyl argue that it was on a subsequent entry that they discovered something incriminating which led to the issuance of a search warrant or an unlawful threat to remove the child, there may be no remedy for the subsequent entries.

I was allowed back into my home 30 minutes into all of this, and my computer screen was different, my screensaver was not on, and my monitor, (which should have been in standby in 15 minutes was still running). This was before the consent was given, so what where they doing the whole time inside my home?

Again, all issues for the defense attorney to raise.

Not to mention that one of the officers stated that he was into the show that was on tv to me as I walked into the house. Still with no consent? And also why would CPS need to be involved? We are now 2 months into this and it is still a complaint, nothing more has been filed. I thank you for your response, hope that I am not sounding ungrateful.

It may be that nothing ever gets filed.

You should still consult an attorney just to be on the safe side. They likely have three or more years to come back on you. And if this involves the internet, they may be seeking search warrants on your ISP to check your surfing history.

- Carl