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Son and Fathrrs 4th amendment rights violated

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#16
In Kentucky, students who have 3 or more unexcused absences from school are considered truant. Chronic absenteeism is defined as 17 or more excused or unexcused absences from school in a school year.

Truancy complaints can be filed by a school district when the number of absences are excessive - and fines can be imposed and charges can be filed against parents when their children have 9 or more unexcused absences.

Your son's school is concerned about him, and the concern is not an unreasonable one. That is why you were visited by the police and social services. You and your son can expect interviews with social service workers.

The goal in these interviews is not to punish either child or parent over the school absences but rather it is to identify the reason(s) for the student's absences and help find a solution.

You say that you have no transportation which I assume means you have no car. Do you have a driver's license? If your son misses the bus in the morning and you have no way to get him to school, how are you able to get your son to the doctor or go to grocery stores for food?

There are organizations that can help with transportation needs if that is a major issue, for example.

I do not see that your rights were violated. I DO see that you and your son may need some help addressing your son's truancy.

Good luck.
We have the right under the 4th amendment to not even open the door for them until they get a warrant. I already looked this up and there is a Supreme Court ruling on this. Also they do not have the right to force there way into my home. We spoke to them very politely and told them they couldn't come in our home at the time. They said they take us to court. I are you done and they was. Then the police officer decided he was gonna do whatever he wanted. My post doesn't have much to do with a child being absent. It has to do with our 4th amendment rights violated under the constitution of the United States. We respect that and hold that as something to live by. I don't know when there is gonna be a stop to law enforcement treating people like they have no rights. It happens every day. Seems like. The school and me are on good terms. They didn't even understand why my son and I are having to go through this. They fabricated statements against me. That is what there using as a cover up . For the unlawfully entry into our home. Question my son without consent of parents. Without counsel present. Because of pregdetus from some persons putting there self righteous actions on us. We suffer. Jus so you know and understand my post.
 


quincy

Senior Member
#17
You can have an attorney in your area personally review the police entry into your home. I think the police actions might be supportable by what the police saw or heard when they arrived at your house.

Apparently what brought the police to your home was a concern for your son.

Apparently the police saw something in your actions or in your reaction to their visit that prompted them to take you to the hospital for evaluation. If the police have concerns for the health or safety of occupants of a home, they can enter the home without a warrant.

I am not seeing that your rights were violated - based strictly on what you have said in your posts - but a review by an attorney in your area could determine this better. I could be wrong with my assessment.

Good luck to you and your son.
 
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#18
You can have an attorney in your area personally review the police entry into your home. I think the police actions might be supportable by what the police saw or heard when they arrived at your house.

Apparently what brought the police to your home was a concern for your son.

Apparently the police saw something in your actions or in your reaction to their visit that prompted them to take you to the hospital for evaluation. If the police have concerns for the health or safety of occupants of a home, they can enter the home without a warrant.

I am not seeing that your rights were violated - based strictly on what you have said in your posts - but a review by an attorney in your area could determine this better. I could be wrong with my assessment.

Good luck to you and your son.
The police was there for the Social Workers. Just in case someone was to try to harm them. By law I didn't have to answer the door for those people. I did because I knew there was nothing been done by me to feel threatened. I have anxiety a lot sometimes. My son and I had just woken up. It was a snow day from school. There was nothing done by me for a police officer to break down my front door. They lied in there statement that was written. Because I told truth and do things very politely. This officer said something about a mental evaluation. I was like what would i need to to that for.? So he proceeded to say you said you hear voices. Which that isn't what I said. He wasn't paying attention. I said I heard loud voices coming from out our bedroom window. That is exactly how it was. Someone was arguing one morning outside the apartment will live. They made threats and we thought there anger was Intended for us.Was explaining what had happened one morning before school. I felt we needed to avoid whatever that situation was . Now when fabricated statements are turn in. Its causing harm to us. He did that because he knows he violated our rights. For what it said about my actions. I wouldn't be so upset and sad if they was true. My son is my first priority every day in my life. There are many citizens who see us on a daily basis. We get compliments and for myself am told that I am doing a great job. I believe in my abilities as a father. Also take pride in caring for my son. It's very sad that there was nothing to warrant the actions they brought on us. I had to stay in a mental hospital for 11 days because of lies said about me. My son taken from me because of lies and the 4th amendment rights we have as citizens were violated. I read up on a lot here lately. Found another case similar to what happened to us. They sued and was award this money. I really not interested in anything like that. I just want my son home safe. Back to doing my job. Being a Dad. The one thing I have that is a very good memory. I have played that day over in my head over a 1000 times. Searching for action that gave them reason. Haven't found one that was needing a mental evaluation or any that shown they needed to break my door in. Force enter still means they need a warrant before. Or my consent to enter the home. Which that wasn't given and no warrant. I feel very insulted by what was done to us.
 

quincy

Senior Member
#19
The best I can suggest is that you review what happened with an attorney in your area. The attorney can learn the reasons the police are giving for entering your home and taking you to the hospital for evaluation and the reasons why social services have (temporarily) removed your son from your home.

I can tell you that your son's absences from school would be reason for the police and social workers to come to your home. I can tell you that the police are allowed to enter a home without consent and without a warrant if exigent circumstances exist.

Apparently the police felt you posed a threat to yourself or others - and I can only guess at why they believed this.

Your 11 day involuntary stay at the hospital exceeds the 72 hour hold permitted under the law for an evaluation - so again I have to guess that a court ordered the extended time. The 11 day stay would not have been approved by a court based on "lies" told by the police or social workers but rather would be based on the results of an initial medical evaluation.

Again, I am basing all of this strictly on what you have posted. I understand that you feel your rights were violated. That is certainly good reason to seek out an attorney in your area for a personal review.

Good luck.
 

HRZ

Senior Member
#20
BY law your child needs to be in school...and what you consider a valid excuse might be far from what the legal system has in mind as a valid excuse ...and too many absences places child at academic risk ...and puts added burdens on teacher and others in that classroom ....put a lid on your debates about constitutional rights ...and make sure your child is in school and on the bus absent a signed medical excuse by a licensed practioner. ..if you escalate the debates you are likely to come up on short end of stick....most of this stuff is to nudge the parent into making sure child is in school ...not punish child or parent ,,,at least not if you cooperate . Fines for first time truancy offenders may be " optional"

BTW ..do you have a job ?
 
#21
What is
the name of your state? KENTUCKY
MY SON AND I HAD SOCIAL WORKERS AND A POLICE OFFICER COME TO OUR HOME. DATE WAS 3-12-18. THEY ASK ME TO LET COME IN OUR HOME. I SAID THEY COULD NOT. WANTED TO KNOW WHY MY SON MISSED SOME SCHOOL. I GAVE THEY A EXCUSE WHY FROM A WEEK BEFORE. SOMEHOW WHILE I TOLD THE STORY. WHEN I WAS DONE THE POLICE OFFICER ASK ME TO GO GET A MENTAL EVALUATION. I WONDERING WHY. HE TRY TO SAY I SAID I WAS HEARING VOICES. THAT ISN'T WHAT I SAID. I SAID I WAS GOING BECAUSE I DON'T HEAR AND NEVER SAID THAT. THE OFFICER WANTED TO QUESTION MY SON TO CONFIRM MY STORY FOR HIM NOT GOING TO SCHOOL. I SAID NO THERE IS SOMETHING I WOULD LET BEEN DONE. I HAD ALREADY TOLD THEM I WASN'T TALKING TO THEM WITHOUT A LAWYER PRESENT. I WAS UNCOMFORTABLE AND BELIEVED IN MYSELF AS A FATHER. KNOWING THAT THERE IS SOME MISINFORMATION OR A WITCH HUNT. BECAUSE ALL THE PEOPLE WE COME ACROSS AND SEE MY ACTIONS AS A FATHER TELL ME THAT I DO A GREAT JOB. THEY KNOW I TAKE PRIDE IN BEING A FATHER. PUT HIM FIRST BEFORE ANYTHING. I WAS INSULTED BY THE COP DETERMINED TO COME UP WITH A WAY TO AGGREGATE ME. ALL READY I FELT PANIC AT UNEASE. SO I SAID I WAS DONE TALKING AND WENT BACK IN MY HOME SHUT MY DOOR. WELL HE DECIDED TO BUST IN MY DOOR. PUT ME IN CUFFS. TSKE MY SON. THEY ENTER WITH CAUSE OR CONSENT. THEY QUESTIONED MY SON WITHOUT CONSENT OF ME HIS PARENT OR LAWYER PRESENT ON HIS BEHALF. I WAS TAKEN TO A MENTAL HOSPITAL AGAINST MY WILL. WAS NOT EVER GIVEN A MENTAL EVALUATION. THE POLICE OFFICER THEN FALSELY WROTE HIS STATEMENT OUT ABOUT THE TRUE FACTS OF EVENTS. THAT WAS TO MAKE ME LOOK AS A CRAZY PERSON. TO COVER UP VIOLATING THE 4TH AMENDMENT RIGHTS OF MY 7 YEAR OLD SON AND ME. I HAVE VOICED MYSELF TO MY LAWYER. HE HAS DONE NOTHING TO HELP US. THERE IS THINGS THEY FIND OUT ABOUT THAT SHOULD NOT BE ALLOWED USED AGAINST ME. FORM WHERE MY RIGHTS WERE VIOLATED. ABTAINED BY FORCE FOR NO REASON. MY SON AND I HAVE BEEN SEPARATED. I HAVE DONE THE BEST TO GO A LONG WITH WHAT BEEN ASK OF ME TO DO. THERE HAS NOT ONCE BEEN ANY QUESTIONING OF THE METHODS USED AGAINST US. JUDGE DOES NOT HAVE A CLUE. MAINLY BECAUSE MY LAWYER WON'T DO A THING. WE ARE VERY POOR. I WASN'T UNDER ANY INFLUENCE OF DRUGS OR ALCOHOL AT THE TIME. THERE WAS A SUBSTANCE FOUND IN MY BLOOD THAT THE HOSPITAL TESTED. SO THERE GONNA TRY USE THAT AS A REASONING. I KNOW MY WRONGS AND CAN ADMIT THEM. I CANNOT LET ANY SAY I NEGLECTED MY SON OR FABRICATE STATEMENTS AGAINST ME. BREAK MY DOOR DOWN CAUSE HARM TO MY SON AND I UNLAWFULLY. I NEED HELP PLEASE. CAN ANYONE HELP US AND HOLD THEM ACCOUNTABLE? I AM EMOTIONALLY SCREWED UP FROM THIS AND MY SON IS HAVING HIS FUTURE JEOPARDIZED WITH A CHANCE OF SOME KINDA PROBLEMS THAT MIGHT NOT HAVE BEEN IF THIS WASN'T DONE TO US. REALLY WOULD APPRECIATE ANY HELP ESPECIALLY FOR MY SON I WILL DO WHATEVER TO MAKE SURE HE IS REPRESENT AND TREATED WITH RESPECT AND WITHOUT DISRUPTION IN HIS LIFE. JUST KNOW THIS IS HONEST AND FROM MY HEART WITH TRUST. HELP IS NEEDED. THANKS WE WILL BE WATCHING FOR A RESPONSE.
YOu would have to go against the police officer but there is immunity if he acted within his duties.
 
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