Search and rights

My step-daughter had her car searched while I was with her. We gave permission for this no warrant was issued. The police found meth in her vehicle, we believe was planted by her X as they are in a child custody battle. Informed police of this and she willingly gave an urine sample and a hair sample. We were told they would get this from her X also. No charges or anything else has come of this. What are our rights as to getting the information that the police department may have found out? Do we have the right to force them to follow thru with this? We are in Iowa, our biggest concern is the 4 year old child involved. It is felt if it can be proven that he did plant the drugs there would be no question of custody or visitation. My step-daughter does not deny she has used in the past, but she has gotten herself cleaned out and is getting her life together. She realizes this is no life for a child or an adult. The courts here seem to be on his side with everything when it comes to custody and visitation no matter what proof we have come up with. This is not official proof as the above would be. Thanks

[Edited by dbars on 02-11-2001 at 11:11 PM]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.


Here is the situation and my take: police have your urine sample and hair sample. Hair samples done by a certain company called Psychemedics (i don't endorse, i just know) will help your case because hair sampling tests for drug use up to three months before sample taken. Soooo...do you want to continue this because you feel they WILL press charges and you want to make sure samples were not contaminated or tampered with?


I suggest you at least seek the consultation of a criminal defense attorney who may just be able to do some subtle poking around to see if charges will be filed or not.

http://www.attorneypages.com

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Can you tell me with this test does it show how long it has been since they have used drugs or does it just test for the presense of? She has been clean since the first of Sept. and this took place the last of October.

I don't mean to preach but please see why it is vital NOT rto surrender your rights You and your daughter must feel terribly VIOLATED and you have been terribly treated,its just that now you gave them the chance to push you around they like it Its alot like a man who beats you (or woman I suppose)they are hard to get away from.Peoplew died for these rights we need to show respect for this sacrifice if nothing elsre Next time God Forbid you get asked if theres anything you want to tell the cop before he searches you tell him Yes His probable cause and if he doesnt like it remind him that people didn't go to viet nam for public safty issues and no war in the history of human kind ,next time your asked to proove yourself remember you are stiil in a free country the search and siezure laws protected EARLY AMERICAN SMUGGLERS from the british searches which were used to make them gert permission from the king,pretty time consuming,so dont put up with this moving vehicle BS take it to the supreme court because frankly they need to explain where theyt get off ignoring the purpose of these righjts.EWhich is not to catch the bad guys whoever that is this week

I forgot to stress take none of this as advice I just feel very sincerely that you are really being put through this in complete violation of what I myself would want to be treated like,I cant tolerate authority used to subjecte us to what we escaped and shoot there is no place left to sail too I think Ild stand by anyone who truly wants merely to be accountable FOR THE HARM I do not appreciate which denys me my own experience.Its no ones buisness what goes in my body just like no one wants to put up with what comes out.If the government wanted to get my goat they SURE succeeded be careful getting a lawyer it is hard but try to considar learning what you need its like knowing enough about fixing a car so that even if you havent the time or tools to fix it youll know its getting done right and hell appreciate the clarity with which you can ask for help Lawyers arent sharks but its hard to help when the person isnt clear what they want

You say your daughter gave permission for the search - question is - what occurred that gave rise tot he police requesting permission to search? This may be an issue if she is charged.
Because the drugs were found in your daughter's car, the police are under no obligation to seek out other possible suspects who may have planted the drugs.
Finally, as for linking the drugs to the baby's father - well, this will not severe his chances of visitation - court's favor the involvement of both parents unless the safety and well-being of the chidl are at stake. Simply showing he has a histroy of drug use may still give a creative court leeway to allow, say supervised visitation or place other conditions on him being able to see the child.

What led to the police searching her car was this -- She had brought her daughter over to visit her X's mother. Her X showed up and immediately got on the phone and made some calls. He had called the police and told them he suspected drugs in her car. Thus the ask to be searched and we felt we had absolutely nothing to hide. We did not realize he would stoop this low to be so controlling.