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small town injustice/ motion to supress

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momzel

Junior Member
What is the name of your state? CA.

DHS-CPS . reported as witness to

* Aug. 13th, 06. Child endangerment/Abuse
"Annonomous witness?"
caller reports

glass (meth) smokeing
pipes.everywhere in house
within reach and direct access
of 15 year old .
*Aug. 22nd, 06
DHS-CPS investigator, Lisa
Stevens asks Kern County Sheriffs officers to accompany
her to the reported address.to check on the welfare of
the residents children.

Responding to the call are Deputy Brooks and Sr.Officer
Stevens .
..Husband and Wife they routinely cover the cases and
calls in the rural area of lake Isabella.

As statemed in incident/arrest report made by Sr. Deputy
Stevens, Upon arriveing at the residence. Sr. Deputy
Stevens Reports that he recognised out front the bike of
a parolie with an active warrent. upon contact with
Adams age 25 son/visitor to the resident Sr. officer
Stevens then states that he asked for owner of bike by
name, Adams responded that he didn't know bike owners
name but that he would get him..Owner of the bike then
came to the door where he was asked top then step out,
and was arrested by Sr. officer Stevens and placed in the
patrole car. Stevens then enters the house stateing
without consent or warrent declareing he can search where
parolie was sitting just before arrest.
homeowner, is then confronted and told that because of
arrest of parolie search of the imediate area he was in
was acceptable...then stateing Where's the drugs .. as he
was searching drawers under cushions stateing .... so
sorry, did we interupt you all getting high where's his
****..yeah your high ...speeking to the
resident..stateing Why are you here...resident..I live
here...officer No why did you come here..there's nothing
for you here .were geting all your low life tweeking
ass's out of here...there's nothing here but retired
folks and white trash... all you tweeking withe trash M/f
are on your way back to oildale...yeah your high,
huh...stand right there...I told him I wasnt ..he said
when did you last use...I did answer him..that i'd used 2
i/2 days ago he said do you understand what I said your
on your way out...you spun bitch . you better understand
what I just said....not finding anything..mad..he states
in his report that I allowed him entry into the house...I
had been sick vomiting for the 2 days since I had used it
was Aug. and very hot..I was arrested shi report was that
I had body tremors...and rapid pulse..other field scores
were all within range..I told him I have high blood
pressure and didn't keep my my seizue or blood pressure
meds down. his statement was that he could see body
tremors and that the veins in my neck were visible and
pulseing rapidly..

going to jury trial. I was not high...I was dirty...they
had no right to enter my house.. I have had the public
deffender state that he is'nt going to get run off the
road because of all this.. but that it needs to be delt
with higher up than anything local....not so much for
myself but to prove that under the color of law..there
practice and procedure being that there use of
authority..together is used to deprive
people of there rights...they use the cps invesatigations
to enter homes that otherwise if not on parole or
probation the have no access to..my attorney a public
defender had to be made to file the motion to
supress...saying it will not stand. on a regular basis
untill I insisted it be filed regardless of his
impression that it won't be granted... He told me that
because of cps they had the right to enter the
premises..I told him without a court order , warrent
that they did not. unless they had knowledge of extenuant
circumstances of imminent bodily harm. I showed him
several cases includeing .Calabretta v. Floyd, 189 F.3d
808 (9th Cir. 1999).and several others that he says our
county court has over- ruled
WHAT? how can a county court over-rule an 9th circuit
court decision??? Well here in Lake Isabella CA. I'm told
they do it all the time...So what do you think my chances
for the motion to supress I insisted upon being filed
...to be argued just before the jury selection done on
the day of my trial. being thrown
out..advice....PLEASE...I'm as you can see for tjhe most
part realistlicly representing myself.
 


CdwJava

Senior Member
You say you were "dirty" ... I presume this means the chemical test came back "positive" for meth?

From what you write there MIGHT be some issues to be brought up in a suppression hearing. However, depending on the information known to the police and CPS at the time, there may well have been good cause to be concerned for the welfare of the child!

A wanted parolee ... dope ... sick for two days (imagine that) ... and there are likely other issues that CPS knew of as well. What about school attendance? Health of the child? Clothing? Food? Etc.

You may be on weak grounds for a suppression motion, and that may be why the attorney said it likely would not stand.

- Carl
 
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