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No Search Warrant/my mother's house/Warrant for my arrest issued

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lynnharp

Guest
What is the name of your state? TX

The DEA acted on an anonymous call and didn't have a search warrant. I had just moved in with my mother and I am 31 years old. I wasn't home at the time. They asked my mother if they could look at the area of the house where I stayed and she let them.

They searched my bedroom and pulled open my dresser drawers. They found .5 grams of methamphetamine in one of my dresser drawers.

I was at my ex-boyfriends house all day and when I left the police and undercover pulled me over with a warrant for my arrest for POCS that they found at my mother's house earlier that morning. They said they were driving around waiting for me to leave.

They took me to their undercover location and asked a bunch of questions. They drove my car to this location and then turned around and drove it to my mother's house and dropped it off. They took me downtown and booked me 3 hours after they pulled me over and then through me in the holding tank for 2 hours. They said I wasn't allowed near the phone because they were going to my ex's house to search there for drugs because I used to live there.

They went to my ex's, searched, and arrested him for POCS. He sat in jail for 2 days and then they let him walk with no charges.

In the mean time CPS took our two children away from us and has refused even visitation until after drug treatment, etc. My mother was granted temporary custody.

All of this from an anonymous call and no search warrant? Is this legal? They don't even have indictment on me and it has been 3 1/2 months. I have a court appointed attorney.
 


stephenk

Senior Member
after looking at your other posts where you claim the meth the police found actually belonged to your mother after you bought if for her, are you sure your mom didnt call the police to bust you?
 

HomeGuru

Senior Member
Lynn stop harping. There was no warrant needed to search and you were busted. I am sure that there is a lot more history to your plight.
 
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lynnharp

Guest
In response to: stephenk

Yeah, I think it is possible that my mother set me up. I hate to think that way. I asked her straight out and she said she didn't. That doesn't mean much I guess. Either she called them herself or she actually got busted with it and rolled on me. I can see my mom doing that rather than bringing the cops and CPS into her life from an anonymous call.

But, she has gotten really balsy lately. She lied a lot to CPS about me and they proved most of it to be lies or not even relevant. She lied straight to the CPS judge and told her that she had talked with me many times about my "addiction" problem. I about died. Yeah, an alcoholic druggy talking to me about an addiction. I don't think so. My mom's last snotty words to me after I gave her that 1/2 was "is this it, this is all you are giving me"?

And no, it was not purchased for her 'per say'. I got it for her. My mom can put herself out there like that with the whole money thing. And no, I have never dealt drugs in my life. I never would. My problem is hanging around the wrong crowd. In this instance the friend is not seen very often, but always has a lot extra.

Thanks.

Becky
 
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GKris

Guest
Mom, wait, Grandma bought the meth - placed it in your drawer then called the cops? Grandma did?? How would granny know where to buy the meth? Then call the cops after she bought it? This is different. So what we have here is 3 generations now, all with wayyyyy too much knowledge about methanphetamine to be on the "right" side of this issue, and you want to know how to get off? What a wonderful future those kids will have. Get clean, get right, and then concentrate on the kids. They will need it. As far as the search and seizure goes, yea - it was all good.
 
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lynnharp

Guest
GKris said:
Mom, wait, Grandma bought the meth - placed it in your drawer then called the cops? Grandma did?? How would granny know where to buy the meth? Then call the cops after she bought it? This is different. So what we have here is 3 generations now, all with wayyyyy too much knowledge about methanphetamine to be on the "right" side of this issue, and you want to know how to get off? What a wonderful future those kids will have. Get clean, get right, and then concentrate on the kids. They will need it. As far as the search and seizure goes, yea - it was all good.
My mom was accused (CPS Ruled Out or my daughter retracted) two times by my daughter of abuse and sexual abuse. Three days before my bust my daughter accused her again and before I got a chance to do anything but freak, I was in jail. She was covering her __. Now she has temp. custody of both my children. I have gone to the police, DEA, psychologist, CPS. My mother is also a mean drunk. An alcoholic who is possibly suffering from alcohol dementia. This is very serious. My son weighed 27lbs, my daughter 50lbs when my mother got them. Now my daughter weighs (7 yrs old) 45lbs and my son (1 yr Nov) weighs 20lbs. Nobody will listen.
 
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hmmbrdzz

Guest
lynnharp said:
My mom was accused (CPS Ruled Out or my daughter retracted) two times by my daughter of abuse and sexual abuse. Three days before my bust my daughter accused her again and before I got a chance to do anything but freak, I was in jail. She was covering her __. Now she has temp. custody of both my children. I have gone to the police, DEA, psychologist, CPS. My mother is also a mean drunk. An alcoholic who is possibly suffering from alcohol dementia. This is very serious. My son weighed 27lbs, my daughter 50lbs when my mother got them. Now my daughter weighs (7 yrs old) 45lbs and my son (1 yr Nov) weighs 20lbs. Nobody will listen.

===============

My response: If your mother has a history of drug abuse and is suffering from alcohol dementia and your children have suffered this amount of weight loss in her care (and has been granted temp custody via the courts), then you should be raising sand with CPS and everyone else. If no one will listen to your verbal complaints, then start submitting written complaints to support your argument. Have you done that yet?

hmmbrdzz
 
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lynnharp

Guest
hmmbrdzz said:
===============

My response: If your mother has a history of drug abuse and is suffering from alcohol dementia and your children have suffered this amount of weight loss in her care (and has been granted temp custody via the courts), then you should be raising sand with CPS and everyone else. If no one will listen to your verbal complaints, then start submitting written complaints to support your argument. Have you done that yet?

hmmbrdzz
Yeah, I sure have. I sent lots of info. to the police and to CPS. I sent expert opinions of my mother's behavior with their education and experience attached to back it up. Psychologists, med. doctors, professors, regular alcohol counselors. Everything. I didn't even get a response from CPS or the police. Not even a follow up phone call. I don't know what to do.

I did my psychological assessment for CPS and the lady that actually did my assessment called CPS and they told her to call the 1-800 referral line to make a complaint. So she did but there was not enough evidence to open an investigation but there is a file started. They had less evidence against me and actually pressed charges and still haven't told me for what. I have been waiting for a copy of the file against me (referral) for 75 days. They just say "it is coming, we are backed up". BS.

I told the CPS worker that showed up in county jail the day after my arrest that my mother was an alcoholic and she told me point blank "it is your mother or foster care -- I am allowing you to live with your mother upon release with supervised visitation so you will be with your kids at all times, almost all times". I agreed. But my mother got my PR Bond turned down and then refused for me to live with her after my release, which ended up being a week later. Even refused all my calls. Three days after release (the day before my son's 1st birthday) all visitation is pulled and still is today for the reason of "well, we think you could still be using". But yet I passed their drug test. Have passed every one so far.

I even pressed charges with the TX Board of Counselors against my daughters play therapist. I had given her proof of my mother's abuse on cassette tape and pictures (I had never even seen before) of my daughter and pictures of my mother which when asked to return these items to me she didn't even return my call.

Later while searching my mother's room (yes, I don't care, I felt like I needed to) I found these exact documents, pictures, and the cassette tape sitting next to her bed on the nightstand. I took everything but the tape because it seemed to be erased when I listened to part of it.

Something so screwy is going on here, with my case. I don't understand. There has to be something I don't know or am not being told. ????
 
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hmmbrdzz

Guest
Lynn, (long URL attached). I've been following your notes
for several weeks here. You write and sound like an
educated person. I didn't realize you had done this much
with respect to this case. Is your mother educated? Right
now, (or when you were busted) your children fell between
a rock and a hard place -- either foster care outside family
or your mother (who, from the sounds of her history supplied
by you, sounds like she knows how to be an
effective manipulator, (albeit she might be a drunk and a
drug addict). The system is acutely slow and inadequate.
If, after all you've done, you are still concerned for
these children, I think you need to keep pushing this from
a medical standpoint (concern re: your children's weight
loss), keeping in mind that your ultimate goal is going to be
to get these children back into your custody. This will
require you to do a balancing act. Do you have any
other evidence (other than the weight loss) that neglect
and/or abuse may be occuring currently in your mom's
custody? Your mom's history, the children's weight loss,
your suspicion because of your knowledge of your
mom's background -- all of that can be significant, but it
can also put your children at risk for going into a foster
home outside the family network if you keep pushing it hard
right now. If CPS is telling you that a case has been
started (but that an investigation cannot be conducted yet),
you may want to proceed patiently and very rationally
with respect to gaining parental rights back. I'm not telling
you not to push it; I'm just telling you to be cautious. I think
you already know this, though.

I've attached a URL with some names in Texas that (if
you are remaining clean as you say) that you may want
to begin contacting at some point. Good luck to you.
Stay clean. That's the major thing -- stay clean.

hmmbrdzz


http://216.239.57.100/search?q=cache:ClXY5pap0e4C:[url]www.dfwinfo.com/hs/criminal/dallasplan/meetings/child.4.11.2002.pdf+Texas+Child+and+Parent+Advocacy+Group&hl=en&ie=UTF-8[/url]
 
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