ohdistresseddad
Junior Member
What is the name of your state (only U.S. law)? Ohio
On August 16th of this year I was accused of molesting a child. I immediately volunteered to take any test they wanted to prove My innocence up to and including DNA smaples, blood, whatever. I even agreed to their proposal of a polygraph. The child also said that I had shown Her both adult and child pornography on My computer. That pretty much sets the stage, now on to the rest.
Anyways, they asked to gain entry, which We refused as it was midnight and We kinda hold tight to Our privacy. We did however let both the police officers and childrens services worker ask the children to talk to them alone outside. Our oldest agreed, but the youngest refused. Again they said that they had to come in and We asked for a warrant, which they admitted not having. I was then arrested and taken to jail for a warrant due to unpaid fines since 2001(Oops on My part and I can understand this).
After I was taken away they went to work on My wife. They asked for entry again, and was refused. When My wife went to go in and close the door behind her, the police officer stuck his foot in the door, pushed it open and entered without permission. The other officer and CSB worker followed him in.
They then proceeded to ask the kids a lot more questions, even asking them "How do You think You would do on a lie detector test?" and so on. To shorten the story, they also seized 2 home computers without a warrant or voluntary permission having used threats, intimidation and coercion to finally get Her to not say no while not exactly saying yes.
My wife and both of My daughters told Me they felt threatened and intimidated throughout the whole ordeal and the children are actually SCARED of Police now. In their eyes now the Police are the ultimate evil force in creation and as both of My daughters said" I hate them and I wish they would all die in real bad ways."
I have been researching My options and I have seen a lot of indications that this was an illegal entry and therefore anything that they found on the computer(IF anything such as MP3s,etc) would be inadmissable under Amendment 4 and 14 of the Constitution.
We have lived seperate since then at the request of Childrens services so that the children can stay with their mother. I have kept in daily contact with the caseworker and She was informed that Our daughterstold Us that the other girl had told them that She had witnessed her cousins having sex at her aunts and that it was her male cousin who attempted the relation.Unfortunately this came to Our attention well after I had been accused, but I still passed the info on.I contacted the Detective incharge of Our case today and was told that a case number had been assigned, but they were still waiting on the search warrant to inspect the computers.I have also asked every day where to go for My tests but none have been set up yet evidently. We have not left the area though neither CSB or the local police know Our exact locations. I have checked to see if an arrest warrant has been issued but could find no trace of it using My name, SSN, or address.
My question is that since they had no warrant, no extigent circumstances or permission to enter the home, nor did they have voluntary permission to seize the computers, wouldn't this be an illegal search and seizure under Our 4th and 14th amendment rights?
I really need some knowledgeable and genuine help here.And just to answer the inevitable questions...No CP, yes to adult, and maybe to any other file type that can be used to get Me in trouble(but maybe not either).
On August 16th of this year I was accused of molesting a child. I immediately volunteered to take any test they wanted to prove My innocence up to and including DNA smaples, blood, whatever. I even agreed to their proposal of a polygraph. The child also said that I had shown Her both adult and child pornography on My computer. That pretty much sets the stage, now on to the rest.
Anyways, they asked to gain entry, which We refused as it was midnight and We kinda hold tight to Our privacy. We did however let both the police officers and childrens services worker ask the children to talk to them alone outside. Our oldest agreed, but the youngest refused. Again they said that they had to come in and We asked for a warrant, which they admitted not having. I was then arrested and taken to jail for a warrant due to unpaid fines since 2001(Oops on My part and I can understand this).
After I was taken away they went to work on My wife. They asked for entry again, and was refused. When My wife went to go in and close the door behind her, the police officer stuck his foot in the door, pushed it open and entered without permission. The other officer and CSB worker followed him in.
They then proceeded to ask the kids a lot more questions, even asking them "How do You think You would do on a lie detector test?" and so on. To shorten the story, they also seized 2 home computers without a warrant or voluntary permission having used threats, intimidation and coercion to finally get Her to not say no while not exactly saying yes.
My wife and both of My daughters told Me they felt threatened and intimidated throughout the whole ordeal and the children are actually SCARED of Police now. In their eyes now the Police are the ultimate evil force in creation and as both of My daughters said" I hate them and I wish they would all die in real bad ways."
I have been researching My options and I have seen a lot of indications that this was an illegal entry and therefore anything that they found on the computer(IF anything such as MP3s,etc) would be inadmissable under Amendment 4 and 14 of the Constitution.
We have lived seperate since then at the request of Childrens services so that the children can stay with their mother. I have kept in daily contact with the caseworker and She was informed that Our daughterstold Us that the other girl had told them that She had witnessed her cousins having sex at her aunts and that it was her male cousin who attempted the relation.Unfortunately this came to Our attention well after I had been accused, but I still passed the info on.I contacted the Detective incharge of Our case today and was told that a case number had been assigned, but they were still waiting on the search warrant to inspect the computers.I have also asked every day where to go for My tests but none have been set up yet evidently. We have not left the area though neither CSB or the local police know Our exact locations. I have checked to see if an arrest warrant has been issued but could find no trace of it using My name, SSN, or address.
My question is that since they had no warrant, no extigent circumstances or permission to enter the home, nor did they have voluntary permission to seize the computers, wouldn't this be an illegal search and seizure under Our 4th and 14th amendment rights?
I really need some knowledgeable and genuine help here.And just to answer the inevitable questions...No CP, yes to adult, and maybe to any other file type that can be used to get Me in trouble(but maybe not either).