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  #1  
Old 04-29-2003, 03:20 PM
pnltyshot
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Question

illegal entry, coerced statements, and more


What is the name of your state? pennyslvania
18 yr old boyfriend involved with my soon to be 16 yr ol step-daughter wants her out of house and with him for drugs, alcohol, smoking, and sex. boyfriend is poster boy of a abusive/controlling teenage boyfriend. night before daughter and boyfriend go to police with false abuse alligations. police come to home the next day and block our driveway. i am taken to the garage at the instruction of the plained clothed female officer and told i can not leave that area. a armed uniformed officer ensured that i stayed there. ask for lawyer many times but refused to tell me why they were there with out me waiving all of my rights and talking to them. this went on for hours. was not even permitted to get my own drink he got it for me. female officer takes mom into the house and told her that she was required to make a statement. she will ask questions and mom is only permitted to answer yes or no. own a car? own a gun? use abc bank? did you goto bank on mon? the officer writes a statement that she went to the bank in her car on tue and used a gun to rob it. she tells mom that she is required to sign it. daughter and boy finally show up a house. police take this fabricated statement and show it to daughter and she write her own statement in the house. cys comes and they mention placing her with grandparents. she lied and said they knew of abuse and did nothing. she asked to goto boyfriends and several days later she is placed with friends 400 feet up the street who she does all that stuff listed above. court ordered visitation biweekly and only one visit in 9 months. courts refuse placement with grandparents because of the accusation yet they place her at another friends who's mom was "told" of this alledged incident and her self did nothing and she is a state prison worker.

alledged incident was claimed to be over a year earlier an police waited a day to show up thus no emergency. with no warrent and not told they could enter the home, is this illegal entry?

not being permitted to leave the garage and kitchen would be illegal detention correct?

mom being told that she wiil give a statement is a coerced statement and also fabricated evidence by the officer correct?

daughter writing her statement in the house using moms fabricated statement is creating more false evidence correct?

i have looked at tons of case law and pa con statutes and if you read them as they are written, the following should be true:

those two statements are tainted and must be suppresed.

moms statement was coerced

both parties were illegally detained

since no emergency existed this was clearly a warrentless, coerced, and compelled entry.

thus everything obtained in the home such as the statements, police notes, and anything the police remember must be suppressed. ????

since charges were brough from those statements, they should be dropped?

and lastly, all testimony in all hearings criminal and cys must be suppressed?

should criminal charges be brought against police? if so what?

da and female officer also refused to turn over a copy of moms statement. we got it 3 months later. problem here too?


what about cys the cys situation? girl so tramatized by this alledged incident that there has been no councelling in 9 months.

ps: daughter does not want mom with anyone and has tried to break her relationships up in the past.
  #2  
Old 04-29-2003, 03:26 PM
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Location: california
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What does your attorney and your mom's attorney say about the whole situation?
  #3  
Old 04-30-2003, 10:19 AM
pnltyshot
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That would depend on which lawyer you talk to. mom is actually my fiancee and we consider ourselves to be married. we both have been divorced so the governments marrage license is not as important to us as our bond together. this is her daughter we are talking about.

our lawyer seems to be blind to this and he gets very upset with me because i constantly disagree with him only after i do my research. i found all the caselaw at fightcps.com. this situation fit all that case law plus other i have found.

i have a civil rights lawter for a work related problem and she agrees with me and wonders why he has not filed motions to suppress everything and to have everything dismissed.

my cousin is a 4.0+ gpa just out of law school and has passed the bar. she is has been working with a large lawfirm in the chicago area. they are even confused why he hasn't addressed this because they say this is basic law stuff.

we are trying to get a new lawyer onboard and they agreed to work together and he has even asked the older lawyer why this was not addressed.

my concern is this, our county is know to be very corrupt. everyone in the court house seems to be related to each other and they find a way to justify the hirings. my lawyer handled a malpractice case for me against another lawyer because the other lawyer admitted he goofed and told me to file the claim against him. my present lawyer told me that the only reason he was willing to take the case was because it was not against lawyer from our county. they are all friends. in my divorce in the early 90's, his partner told me that we could win a discrimination case against the county for things that happened in my divorce proceedings, but he would not do it because he would never win another case in our county again. small county, tight knit, and do not create waves. if the police are brought of on charges and they are on the drug task force, that would open up a large can of worms because that means evidence could have been tainted in all of those drug trials he was involved in creating a massive overturning of verdicts.

as for cys, there is another lawyer from another county handling it, he says our county fails to follow the rules and no one will do anything about it.

i talk with my state rep. he said that he tried to bring change but he said that other reps agree that there is a major problem but they refuse to do anything about it because of the money from the federal gov. that would be lost if they buck the systems.

so what we see is a wholesale sell out of our rights and lives so those above are protected and the $$$$ keeps coming in.

everyones thoughts?
  #4  
Old 04-30-2003, 11:24 AM
PerfidyorFealty
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LOL! I don't get it. Are you saying that daughter wanted out of mom's house so bad that she made up a story to the police that her mom robbed a bank????
  #5  
Old 04-30-2003, 01:25 PM
pnltyshot
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no!!!!!!!
that was an example of how the police created this bs statement that they wrote and told her mother she had to sign. daughter has big time emotional problems because of not ever having a real father. he was abusive and signed away his parental rights soon after she was born. mom had additional relationships where the guys were unfaithful and she left those relationships. daughter has never had a "real" father that wanted her as a daughter. she also has a very violent temper and feels that rules are not for her. not only the ones at home but the laws of our state. we have caught her many times and she just outright denies that she has done anything wrong. i am a teenager and i can drink or smoke if i want it is none of your business she tells us. we try therapy and the therapist says we are the problem. kids should be permitted to do what they want. we had some very heated arguements about sex. i was raise different than the kids today. you are not permitted to discipline your children for fear they would turn you in for abuse. we try the therapy again. this time a different doc asks about how the step family was working out. she says that she loves her family but at times her and i do not respect each other. she wants to tlk about her friends because she is having problems with them. the doc on the other hand, over several sessions trys to convince this kid that she was abused. she repeatidly told him that she was not. he actually screwed the daughters mind up worse than it was before we took her to him. so the doc turns us in. investigation was unfounded. normal family again until the boyfriend. using sex, drugs, alcohol, and smokes he begins his control over her and us. we made every attempt to correct the problem but was met with failure. they went through moms and my things that had nothing to do with her and turned them in to illegal activity. mom for valentines day gets me these love coupons from spencers gifts. all coupons are still in the book. daughter claims i gave them to her. she comes home from school asking detailed questions about anal sex because her best friend is doing it in the woods during the football games. we are guilty for educating her about protecting herself. this one i really like, we have a list on the fridge for x-mas gifts that we would like. she puts one her list bra & panty sets from victorias secret. mom and i buy them together. very tasteful. nothing sleezy and it covers everything( more than the bikini she bought) she claims i am seducing her with lingere. and this list of things like this goes on. she start huge fights about the boy and then out come comments about i can choose where i want to live, i can get all of your money, i can get you put in jail because i know how to do this. well folks the kids did exactly what she said that she would do and with the help of the boyfriend and two others. so the police said we got her drunk, i touched her,and mom gave her drugs to calm her down. other than her saying this happened there is no proof of anything. yet they believe her and do not care about all the illegal things that they are doing despite the fact that we had a monitoring program in the computer that she had no clue was there and it implicates a lot. but realisticly, the kids do not make the headlines like nice middle aged/income couple abuses daughter so re-elect me.
more thoughts? who investigates police wrong doing not associated with the counties? and the same with CYS? dept of welf. is like the fox watching the hens.
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