Welfare check on child

[sfailace143]

What is the name of your state (only U.S. law)? Florida

Ok.. I don't know if this is in the right place and if it is not, I am sorry. But I need help. I posted something else on another forum about being pulled over and arrested and searched illegally. But now I have a question about children. Here is the story. I had gotten pulled over SaturdaySunday night about 1am with my boyfriend/ father to my child. The officer said he smelt marijuana as soon as he came to window, kit in hand(Funny). (I knew what was going wrong with the whole thing already). Anyway while searching my vehicle, he didn't find anything, but some baby toys and a bottle. He asked why I had them. I replied I have a 4 month old daughter. He asked where she was. I said my boyfriend's boss' house for the night. He asked why. I said because we fuminigated our house (we just moved in) and I didn't want her to be exposed to the fumes.. (it's poison). He then started asking my daughter's birthday, SS#, and where my babysitter lived. I gave him the phone number, not knowing thinking anything. He then called them at2am and sent a police officer over there to do a welfare check. Mind you, there was really NO marijuana, the color tested negative, I did the research and spoke with my brother and a few other family members who are cops. So my question is why, even if there was marijuana present (which there was not) why would they send to do a welfare check on my child when I did not even have her in my possession? And is this legal? I was just very curious about this. They also asked my babysitters husband for all his information, DL#, DOB and SSN. (More than what they asked my boyfriend for and it was his car.. Very funny again!) I don''t think this is proper procedure, but I could very well be wrong. Any links to cases like this or refernces would be great also. Thank you in advance

 

[Some Random Guy]

Apparently the police officer thought that you and your BF were out partying all night and smoking marijuana. The officer noticed you had a child and asked where he was at, since partying druggies often leave their children unattended in dangerous situations.

You then relate a long and sordid story about moving, fumigating, your BF's boss, and that this babysitter has agreed to watch the child all night while you are out partying (or so the officer believes).

Your story made the officer concerned about the wellbeing of a child, and he did the proper thing by calling in a welfare check to ensure that the child was safe.

 

[sfailace143]

I would believe that if in fact the officer searched my BF, but he did not. Barely even spoke to him. Never asked for name, id, nothing. So honestly, I highly doubt that he had welfare of my child in mind. I'm very upset about this whole thing. I am a teacher for special ed students, I do not have a criminal background at all and only got 1 ticket in my 27 years of life. Now I am going to have a record for something not true and DCF coming to my house. Which is completely wrong in my eyes.
But to get to what you had stated about the parents leaving the child so they can go party. I understand that, I teach students, I know unfortunately what some parents are capable of doing. However, wasting tax payers money to check on my baby because i supposedly tested positive for weed, like I said I did my research and it actually came up NEGATIVE. (Law suit for that)! I think is horrible. Even if it was positive, he said I didn't look high. What he took out of my purse without permission to search BEFORE i was arrested was traces of tabacco. I smoke soft packs and the tabacco falls out. So he thought I had it on me, not that I was currently high. WHat was the explaination then for sending a PO over? Because he even stated you don;t look high, but I found traces in your purse. HMMM... thats wasting taxpayers money!!! How is that legal????

 

[Some Random Guy]

You can file a complaint with the officer's supervisor, but I fail to see that you have been damaged here. I just don't see how any discipline will be handed out (or any lawsuit won for that matter) because the officer wanted to know that your child was safe.

 

[sfailace143]

Now if there was reasonable doubt... maybe a positive test, I could understand. But unfortunately for him, my test came back as negative. He continued to harrass me and my babysitter. kept me in handcuffs and sent PO to house at 2am to check my baby? You don't see the harm here? Maybe being harrassed by PO for HOURS and having them threaten me that if I don't tell them the truth they are going to take my baby away. Like I said I have never been in trouble beofre, and this really scared me.

 

[Isis1]

Now if there was reasonable doubt... maybe a positive test, I could understand. But unfortunately for him, my test came back as negative. He continued to harrass me and my babysitter. kept me in handcuffs and sent PO to house at 2am to check my baby? You don't see the harm here? Maybe being harrassed by PO for HOURS and having them threaten me that if I don't tell them the truth they are going to take my baby away. Like I said I have never been in trouble beofre, and this really scared me.

given the light of the casey anthony case, the officer did do his job. you shouldn't have been scared if you did nothing wrong. you see it as being harrassed. the officer sees it as you aren't being cooperative.

 

[sfailace143]

How was I not being cooperative? I gave him my babysitters number, and everything else he asked for? I just don't understand. I was scared because I know how some cops can be. Now not saying all PO are the same, but some are. I love police and I respect them and the law. I have many PO in my family and my father is a mayor in NJ. I am a good citizen. They had no REASON in anyone's eyes to send a PO there. Do you happen to have any facts, ie. research, past suits, anything like that, where this happened or are you going on your feeling?

 

[sfailace143]

O.. and the casey anthony case just makes me sick to my stomach. I think she needs to fry, but thats a different topic for another time.

 

[Isis1]

How was I not being cooperative? I gave him my babysitters number, and everything else he asked for? I just don't understand. I was scared because I know how some cops can be. Now not saying all PO are the same, but some are. I love police and I respect them and the law. I have many PO in my family and my father is a mayor in NJ. I am a good citizen. They had no REASON in anyone's eyes to send a PO there. Do you happen to have any facts, ie. research, past suits, anything like that, where this happened or are you going on your feeling?

you need to step back and realize this wasn't about you. it was about your child. the police officer got a long winded story. too many words, is seen as possible lie. liars talk too much. he took that, the absence of a child, and felt the need to check. he just wanted to be sure as a child's safety might have been an issue.

 

[sfailace143]

He got a lot of words because he kept asking questions. I mean come on, if he didn't want lots of words, why ask so many questions? it just honestly doesn't make sense. I mean a part of me is happy that they were "concerned" about my child. But the other part says he wasn't concerned at all and had no reasonable cause to do so and just wanted to harrass us. He was a rookie cop and I do understand sometimes they want to make a name for themselves.

 

[sfailace143]

[The officer did not do anything wrong.

You need to look at this from another perspective:

As a special ed teacher, you should know that the welfare of children should be top priority in all situations. You should be relieved that a person in authority cared enough to check into your child's welfare.

Were you arrested?
If you weren't, the most that would show up would be a traffic ticket and that will NOT affect your job.

Your job will also not be affected by CPS coming to your home, as long as they did not find anything wrong]



In response to this.. it was sent to my email but i don't see it here. I said I was kind of happy they were "concerned"., But the other part of me is not happy. Yes, I was arrested!!! It will affect my job and it is not true. I don't care if my job will not be affected by DCF coming to my home. I care because they feel it neccassary to harrass me, when it was proven to be tabacco. I just got the other police report, from the one's that went to my babysitters. And it says, I was not smoking pot, it was in fact cigrattes and that my baby was very happy and healthy. So DCF did come today and did a welfare check. The DCF worker closed my case stating in her report, that there was no sign of neglect, or anything of that nature. That I and my boyfriend are good parents. I just had my daughters 4 month check up at doctor Monday, so I gave her a copy of all her doctor records. Thank god this is closed, but now I get to sit and wait to see the outcome of the false arrest. O, and I spoke with a lawyer here in Broward County, and it is in fact ILLEGAL to send a PO out to the babysitters house at 2am because of a suspected marijuana pull over. They told me since the baby was not in my possession, having a child is a mute point. The PO that had pulled me oer had different intentions, read my arrest, warrant post. Thank you everyone for your help