Wierd Situation

[jbodden6977]

What is the name of your state? CALIFORNIA

A housekeeper for county IN home services a was helping out in our home and falsely reported to police seeing child porn image (1) on my laptop computer.
Police raided my house with warrant based ONLY on unsworn statements that were rewritten by defective (sic humor) according to his desire to get a warrant.
As the law in fact provides that a 'mandated reporter' cannot be held liable even for KNOWINGLY FALSE REPORTS OF CRIME, and she was not sworn in her statements - she is entirely untouchable in any way other than civilly.
When trying to communicate an offer to settle ( I am in pro per) to her, her attorney got very hostile and threatened me with legal prosecution if I tried to talk with them, email them, or communicate in any way with them - insisting that I am legally bound to talk only to him.
There is no restraining order.
PS, my computers were cleared and returned after 4.5 months, with damages

 

[rmet4nzkx]

Have you been charged with anything?
What did they find on your computer?
Yes a mandated reported can be held accountable for taking a known false police report.
Do you have a copy of the police report?

Is this what you are refering to?
Ca. PC 11172. (a) No mandated reporter shall be civilly or criminally
liable for any report required or authorized by this article. Any
other person reporting a known or suspected instance of child abuse
or neglect shall not incur civil or criminal liability as a result of
any report authorized by this article unless it can be proven that a
false report was made and the person knew that the report was false
or was made with reckless disregard of the truth or falsity of the
report, and any person who makes a report of child abuse or neglect
known to be false or with reckless disregard of the truth or falsity
of the report is liable for any damages caused. No person required
to make a report pursuant to this article, nor any person taking
photographs at his or her direction, shall incur any civil or
criminal liability for taking photographs of a suspected victim of
child abuse or neglect, or causing photographs to be taken of a
suspected victim of child abuse or neglect, without parental consent,
or for disseminating the photographs with the reports required by
this article. However, this section shall not be construed to grant
immunity from this liability with respect to any other use of the
photographs.
(b) Any person, who, pursuant to a request from a government
agency investigating a report of suspected child abuse or neglect,
provides the requesting agency with access to the victim of a known
or suspected instance of child abuse or neglect shall not incur civil
or criminal liability as a result of providing that access.
(c) The Legislature finds that even though it has provided
immunity from liability to persons required or authorized to make
reports pursuant to this article, that immunity does not eliminate
the possibility that actions may be brought against those persons
based upon required or authorized reports. In order to further limit
the financial hardship that those persons may incur as a result of
fulfilling their legal responsibilities, it is necessary that they
not be unfairly burdened by legal fees incurred in defending those
actions. Therefore, a mandated reporter may present a claim to the
State Board of Control for reasonable attorney's fees and costs
incurred in any action against that person on the basis of making a
report required or authorized by this article if the court has
dismissed the action upon a demurrer or motion for summary judgment
made by that person, or if he or she prevails in the action. The
State Board of Control shall allow that claim if the requirements of
this subdivision are met, and the claim shall be paid from an
appropriation to be made for that purpose. Attorney's fees awarded
pursuant to this section shall not exceed an hourly rate greater than
the rate charged by the Attorney General of the State of California
at the time the award is made and shall not exceed an aggregate
amount of fifty thousand dollars ($50,000).
This subdivision shall not apply if a public entity has provided
for the defense of the action pursuant to Section 995 of the
Government Code.
(d) A court may award attorney's fees and costs to a commercial
film and photographic print processor when a suit is brought against
the processor because of a disclosure mandated by this article and
the court finds this suit to be frivolous.

 

[jbodden6977]

No charges, nothing found, and California Penal Codes 548.5 (e) states

No charges, nothing found, and California Penal Codes 548.5 (e) [regarding KNOWING false reports of crime] states "(e) This section does not apply to reports made by persons who are required by statute to report known or suspected instances of child abuse, dependent adult abuse, or elder abuse."
I can find no other laws pertaining to the KNOWING false report of crime.
On my computer they found plenty of room to install backdoor.death.26 (remote access and control virus) and EmployeeWatcher 6.0 (tracks everywhere you go and everything you do).
There was only a search warrant, and me suffering the loss of my 'babies' for 4.5 months ( I love my laptops! My laptops are the babies I refer to, just to be plain).
In addition I have suffered verbal assaults by persons I did not know - warning me to stay away from their daughter - kinda difficult since I don't even know what she looks like!
I feel sorry for the woman, even though she lied, since I believe it was bad blood between me and her husband that caused this.
I do have the entire situation etc. posted at www.jbodden6977.com

 

[rmet4nzkx]

There are other statutes re false reports including officers taking false reports but i don't have them at my fingertips right this minute.

If you were not charged and no pron was found on your computer, what is oging on with the IHS worker and her attorney are you sueing her? If so, you cannot communicate with her, only through her attorney. If oyu do not have an attorney, good luck.

BTW what county?

 

[jbodden6977]

My error

That code seciton is CA penal codes ONE forty eight. five - not five forty eight!
And this particular law pertains only to knowingly making a false report of crime.
I can't believe it either, but the statute reads:
148.5. (a) Every person who reports to any peace officer listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, district attorney, or deputy district attorney that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor.
(b) Every person who reports to any other peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor if (1) the false information is given while the peace officer is engaged in the performance of his or her duties as a peace officer and (2) the person providing the false information knows or should have known that the person receiving the information is a peace officer.
(c) Except as provided in subdivisions (a) and (b), every person who reports to any employee who is assigned to accept reports from citizens, either directly or by telephone, and who is employed by a state or local agency which is designated in Section 830.1, 830.2, subdivision (e) of Section 830.3, Section 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, or 830.4, that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor if (1) the false information is given while the employee is engaged in the performance of his or her duties as an agency employee and (2) the person providing the false information knows or should have known that the person receiving the information is an agency employee engaged in the performance of the duties described in this subdivision.
(d) Every person who makes a report to a grand jury that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor. This subdivision shall not be construed as prohibiting or precluding a charge of perjury or contempt for any report made under oath in an investigation or proceeding before a grand jury.
(e) This section does not apply to reports made by persons who are required by statute to report known or suspected instances of child abuse, dependent adult abuse, or elder abuse.

I tried to correct that mistake but the system was so slow and I had an emergency to aid an elder lady with a trip to the store.

and yes I am suing her for $250,000 - maybe next time she decides to prank someone she will use the fire department instead of the police!!!

BTW, according to California Penal Code 11165.7 THERE ARE THIRTY EIGHT CATAGORIES OF MANDATED REPORTERS -
including "therapy trainees" and "unlicensed marriage counselors".
I finally gave up and made a list of people NOT protected by this law - unemployed parents and political dissidents - and the odd hermit in Tibet.