Falsely taken

[chyrstalm]

What is the name of your state? GA

I was arrested for driving on a suspended license and my boyfriend was also arrested for disorderly conduct. But at the time we had our 6m old baby in the car. One of the Officers at the scene asked me if there was someone that I can call to get my baby and I told him her grandfather. Her grandfather gets on the scene and they tell him he can't have her. Another officer had called DFCS and told them that I was going to jail and that I didn't have any family that could take my baby and that I had mutiple outstanding warrants all Untrue. So DFCS took my child into custody. When I was released the same night I had to call back to the police department to get some information on to where my child had been taken. A DFCS social worker contacted me and told me that I couldn't see or get my child back until we when to court because the officer told her I had this warrants mind you I had never been to jail in my life and the only thing on my record is a traffic tickets. So all the information that was giving to her was false. So we go to court three days later and the judge order that the case be thrown out and that my child be return to me immediately. I want to know is there something that can be done about the false information the officer gave and after I told her the information she had was wrong she didn't check into it she made me wait three days before I was reunited with my child.

 

[seniorjudge]

Q: I want to know is there something that can be done about the false information the officer gave and after I told her the information she had was wrong she didn't check into it she made me wait three days before I was reunited with my child.


A: File a complaint with the cop's superior officer (or internal affairs or whatever).

 

[fairisfair]

didn't you just post this the other day?? hmmmm let's see

Ah I knew it

https://forum.freeadvice.com/showthread.php?t=341970&highlight=chief+of+police

the answer hasn't changed since then.

 

[Some Random Guy]

Unless you can prove that the officer knowlingly gave false information to the DFCS, I don't see that you have a case regarding the hold for warrants. There may have been warrants listed under your name or a name/alias similar to yours. UNtil you get information from the polce, you don't know.

Contact a local lawyer and see if there is a case to be made on this.

 

[chyrstalm]

I understand what your saying but. The DFCS caseworker told the judge when we were in court that the officer had giving her false information. ANd the judge asked her when she realize the information she had was incorrect why she didn't return my child. She couldn't answer. The reason they were holding my child was because the officer said I had mutiple warrants that's the only reason. So my thing is once she realize the mistake why did I have to go to court to get my child back?

 

[CdwJava]

It may not have been all that relevant. You were arrested, so the child was seized pursuant to the law. If the policy is that no child be returned until the matter is reviewed by a judge, then it woul dhave happened this way no matter what.

If the officer provided erroneous information to CPS, then it was an error with little real consequence or damage. Had he INTENTIONALLY provided this information KNOWING it to be fale so that you might be deprived of your child, you might have a case. But, it would not be the first time that an officer had received bad info from a dispatcher or other officers and passed it on.

I doubt you have any case at all. But, a consultation for an attorney is often free. And if you have enough money you can sue anyone you want to ... just be sure to pay up front.

- Carl