What is the name of your state (only U.S. law)? Virginia
After my child was acting abnormal , I took him to the hospital, I told the nurse he might- , have ingested a pill I was prescribed, and that I was not sure what happened but I know he is not acting right- another possibility was he had a seizure or something. An hour later a sheriff comes into the hospital room my son Mason and I were in and interviews me – the sheriff says he is here to take a report which is a standard process , He ask me a few questions and l then leaves.
In reality the Stafford county sheriff got a search warrant which had Virginia law statute section 18.2-371.1 – listed on it, this is a felony for child abuse which includes a section which states I person willing give a person under 18 a dangerous drug or controlled substance. This was not true at all, plus his urine and bloodwork did not show anything in his system. As I will go into more detail later, the sheriff modify the search warrant based on items he saw when my wife returned home from her trip and told her she cannot enter her house without him because they were getting a search warrant- even though he did not have a search warrant at the time.
Details of events
Sunday November 9th.
Approximately 11:30 am I went up stairs to get my medicine
Returning down stairs I noticed my 10 month old had crawled into the kitchen and was getting into the cat food dish on the floor.
As I walked through our living room I sit my half a pill on one of the tables in the room so I could pick up my son and take him back into the living room
Next I put my child back on the floor in the living room by the couch where I was watching TV.
Next I got a bowl of baby snacks for my son Mason and sit my son down next to me to eat them.
Some time went by, my son crawling around and played while I watched TV.
Over the next 30 minutes or so -I believe what happened is our two kittens that always run around the house and jump on and off of the furniture and tables - knocked the pill off the table and onto the ground near where he was sitting and playing.
I am thinking my kid found the pill on the floor and ingested it, I say I believe he did because medical test (urine and blood work) at the hospital did not find anything in his system.
About 12:15-12:30 I noticed my son was getting cranky and it was around his typical nap time, so I took him upstairs and laid with him to put him down for his nap.
My son would almost fall asleep and then wake back up , he also was trying to sit up and was still acting cranky, This is usually to a point but this went on for like 10 minutes or more , then was like OK, maybe you are not tired enough and so we got up and the plan was to try again in a little while. My son was acting a little off- scratching his face with his bottle and his eyes looked red, he had contracted pupils, and was acting listless.
I started to wonder what was going on with him, he seemed to be getting worst , and was not acting normal, I started to think about what could be going on with him and though about the fact I had my medication downstairs but never took it and the cats were jumping around from the tables and couches where I left my medication.
Since he was starting to really acting a little off and listless at this point, I started to really get concerned. , I looked for my pill for maybe 2 minutes as I keep checking on my sons breathing and making sure he was ok. This was when I began to wondered if he had or was having a seizure.
Next I put him in the car seat and rushed him to the hospital.
At the hospital , I told a nurse what I thought might has happened and they took me and him straight back to a room in the ER.
A while later maybe one o clock or one thirty, I sheriff came in a interviewed me which they said was normal when I small child has had an incident like this. I thought nothing of it. I was only concerned about my son being ok.
My wife was out of town for the first time since our child’s birth, she had went to our roommates beach house for the weekend to get a break from our 10 month old. She stays home with him everyday. She cares for him while I work. I was happy that she had an opportunity to get away for a couple days to relax since she has not had a break away from him for the 10 months he has been with us.
I called my wife after I got to the hospital and told her what had happened and she immediately started home.
The plan was that s he was going to go by our house before heading to the hospital to get cloths for the baby and me because it was getting cold out and I rushed out of the house not prepared for the cooling night that was ahead.
When she arrived at our house at 304 Barrie Place, She was greeted by a sheriff at our door and was told she could not enter the house without him and that they were getting a search warrant. She wanted to get stuff for Mason and me was to cloths and items like his formula, toys etc and get to the hospital. She therefore went into our house and the sheriff enters the house with her. Note: She did not tell him it was ok to come in-the sheriff told her she could not go in without him- her sister can serve as a witness, Sara, my wife was only concerned about getting to the hospital to see out son, so she did not resist the sheriff.
Once inside the house the sheriff asked her to open things – he asked if there was guns or drugs in the house and other stuff. She told the truth. We have guns – all legal and she had marijuana paraphernalia- a pipe and a bong. ( she is 23 and I am 36, I do not smoke pot and she has on occasion.
Next she came to the hospital to be with Mason and me, the sheriff stayed at the house.
The sheriff then used information about the guns and paraphernalia and had that put added to the search warrant when they actually got hours later.
Later that night the detective called me and told us that they removed stuff from the house. I already know it was the guns and the paraphernalia.
When I got back to the house I was surprised to see that the cops had left some of my and my roommates guns and took some of them. As I mentioned before they also left a copy of the search warrant it had code section 18.2-371.1 – That code indicated that a willing gave my kid a drug or controlled substance – which is not true at all , I do not even know for sure that he got a hold of my medication.
The warrant t also listed ammunition on it which they left hundreds of rounds in the house.
A couple of days later – Wednesday,November 6th. The detective called me to meet him at the Stafford public safety building at 6:30 pm. During the interview he told me what they removed from the house and asked for my roommates name and phone number, he said he wanted to call him but to this day( almost three weeks later has not contacted him.
The Detective had took pictures of my house,- including lotion made by KY for” him and her” and some handcuffs, I thought that was a little weird but did not say anything at the time.
Basically I feel like the search was illegal, The statue on the search warrant was not true at all as I said before plus they told my wife she could not enter her house even they did not have a search warrant yet
During the search the cops only took some of our guns, they actual left 5 rifles in the house. Plus on the warrant they said they were looking for ammunition- they left hundreds of rounds left in various closets and drawer throughout the house.
I am wondering if this whole situation is legal or not and if I have grounds for a civil case. I really cannot afford an attorney and am hoping to find one pro-bono that will represent us if we have the grounds for a civil case .
Please adviseWhat is the name of your state (only U.S. law)?
After my child was acting abnormal , I took him to the hospital, I told the nurse he might- , have ingested a pill I was prescribed, and that I was not sure what happened but I know he is not acting right- another possibility was he had a seizure or something. An hour later a sheriff comes into the hospital room my son Mason and I were in and interviews me – the sheriff says he is here to take a report which is a standard process , He ask me a few questions and l then leaves.
In reality the Stafford county sheriff got a search warrant which had Virginia law statute section 18.2-371.1 – listed on it, this is a felony for child abuse which includes a section which states I person willing give a person under 18 a dangerous drug or controlled substance. This was not true at all, plus his urine and bloodwork did not show anything in his system. As I will go into more detail later, the sheriff modify the search warrant based on items he saw when my wife returned home from her trip and told her she cannot enter her house without him because they were getting a search warrant- even though he did not have a search warrant at the time.
Details of events
Sunday November 9th.
Approximately 11:30 am I went up stairs to get my medicine
Returning down stairs I noticed my 10 month old had crawled into the kitchen and was getting into the cat food dish on the floor.
As I walked through our living room I sit my half a pill on one of the tables in the room so I could pick up my son and take him back into the living room
Next I put my child back on the floor in the living room by the couch where I was watching TV.
Next I got a bowl of baby snacks for my son Mason and sit my son down next to me to eat them.
Some time went by, my son crawling around and played while I watched TV.
Over the next 30 minutes or so -I believe what happened is our two kittens that always run around the house and jump on and off of the furniture and tables - knocked the pill off the table and onto the ground near where he was sitting and playing.
I am thinking my kid found the pill on the floor and ingested it, I say I believe he did because medical test (urine and blood work) at the hospital did not find anything in his system.
About 12:15-12:30 I noticed my son was getting cranky and it was around his typical nap time, so I took him upstairs and laid with him to put him down for his nap.
My son would almost fall asleep and then wake back up , he also was trying to sit up and was still acting cranky, This is usually to a point but this went on for like 10 minutes or more , then was like OK, maybe you are not tired enough and so we got up and the plan was to try again in a little while. My son was acting a little off- scratching his face with his bottle and his eyes looked red, he had contracted pupils, and was acting listless.
I started to wonder what was going on with him, he seemed to be getting worst , and was not acting normal, I started to think about what could be going on with him and though about the fact I had my medication downstairs but never took it and the cats were jumping around from the tables and couches where I left my medication.
Since he was starting to really acting a little off and listless at this point, I started to really get concerned. , I looked for my pill for maybe 2 minutes as I keep checking on my sons breathing and making sure he was ok. This was when I began to wondered if he had or was having a seizure.
Next I put him in the car seat and rushed him to the hospital.
At the hospital , I told a nurse what I thought might has happened and they took me and him straight back to a room in the ER.
A while later maybe one o clock or one thirty, I sheriff came in a interviewed me which they said was normal when I small child has had an incident like this. I thought nothing of it. I was only concerned about my son being ok.
My wife was out of town for the first time since our child’s birth, she had went to our roommates beach house for the weekend to get a break from our 10 month old. She stays home with him everyday. She cares for him while I work. I was happy that she had an opportunity to get away for a couple days to relax since she has not had a break away from him for the 10 months he has been with us.
I called my wife after I got to the hospital and told her what had happened and she immediately started home.
The plan was that s he was going to go by our house before heading to the hospital to get cloths for the baby and me because it was getting cold out and I rushed out of the house not prepared for the cooling night that was ahead.
When she arrived at our house at 304 Barrie Place, She was greeted by a sheriff at our door and was told she could not enter the house without him and that they were getting a search warrant. She wanted to get stuff for Mason and me was to cloths and items like his formula, toys etc and get to the hospital. She therefore went into our house and the sheriff enters the house with her. Note: She did not tell him it was ok to come in-the sheriff told her she could not go in without him- her sister can serve as a witness, Sara, my wife was only concerned about getting to the hospital to see out son, so she did not resist the sheriff.
Once inside the house the sheriff asked her to open things – he asked if there was guns or drugs in the house and other stuff. She told the truth. We have guns – all legal and she had marijuana paraphernalia- a pipe and a bong. ( she is 23 and I am 36, I do not smoke pot and she has on occasion.
Next she came to the hospital to be with Mason and me, the sheriff stayed at the house.
The sheriff then used information about the guns and paraphernalia and had that put added to the search warrant when they actually got hours later.
Later that night the detective called me and told us that they removed stuff from the house. I already know it was the guns and the paraphernalia.
When I got back to the house I was surprised to see that the cops had left some of my and my roommates guns and took some of them. As I mentioned before they also left a copy of the search warrant it had code section 18.2-371.1 – That code indicated that a willing gave my kid a drug or controlled substance – which is not true at all , I do not even know for sure that he got a hold of my medication.
The warrant t also listed ammunition on it which they left hundreds of rounds in the house.
A couple of days later – Wednesday,November 6th. The detective called me to meet him at the Stafford public safety building at 6:30 pm. During the interview he told me what they removed from the house and asked for my roommates name and phone number, he said he wanted to call him but to this day( almost three weeks later has not contacted him.
The Detective had took pictures of my house,- including lotion made by KY for” him and her” and some handcuffs, I thought that was a little weird but did not say anything at the time.
Basically I feel like the search was illegal, The statue on the search warrant was not true at all as I said before plus they told my wife she could not enter her house even they did not have a search warrant yet
During the search the cops only took some of our guns, they actual left 5 rifles in the house. Plus on the warrant they said they were looking for ammunition- they left hundreds of rounds left in various closets and drawer throughout the house.
I am wondering if this whole situation is legal or not and if I have grounds for a civil case. I really cannot afford an attorney and am hoping to find one pro-bono that will represent us if we have the grounds for a civil case .
Please adviseWhat is the name of your state (only U.S. law)?