If you are ever approached by CPS

Examiner Bio If you are ever approached by CPS
October 12, 11:47 PMFamily Rights ExaminerLeonard Henderson
How are you going to answer the absurd allegations she brings to
YOUR front door?It is vitally important for families to understand their Constitutional Rights are real, not just something you hear on TV shows.

The Fourth Amendment to the Constitution of the United States, guarantees that-

''The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

If you are ever approached by anyone from Childrens Protective Services (hereafter called CPS), keep in mind that regardless of what they say, they are not there to "help" you. They may appear "nice" but never lose sight of the fact that CPS workers "believe" the allegations reported against your family. Otherwise, they wouldn't be at your front door.

If a CPS worker arrives at your home to "investigate", ask to see the search warrant and court order. Call your attorney immediately and read the order to him/her. If you are unable to reach your attorney, or you don't have one, keep the order, or ask for a copy and politely tell the CPS worker that you will not talk to them without a lawyer being present.

They will lie to you about having a warrant or a court order, so don't take their word for it. Demand to see it. Especially observe if it is signed by a judge. A rubber stamp signature is unacceptable.

If they don't have a search warrant or court order, politely tell them "good bye".

Never invite a CPS worker into your home.

If they have gained entrance before you learn why they are there, ask them to leave. If they do not leave, call the police and request that they be removed for trespassing.

The CPS worker or the (sometimes) accompanying law enforcement officer (in the vernacular, a "LEO") may threaten you with arrest for "obstruction of investigation" or something like that, or they may claim the state has passed a "law" requiring you to let them in.

That would be a bald-faced LIE.

In the unlikely case that there is such a new "law" in your state, that law would be repugnant to the Fourth Amendment, and violation by the agency or the police (if present) would be the basis of a Title 42 USC Section 1983 action, for which they would NOT enjoy "immunity" according to CALABRETTA v FLOYD.

The only exception is when there are "exigent circumstances". Of course there seldom really is any "emergency", and their saying so doesn't make it so- nor excuse the violation of your Constitutional Rights.

They DO have to get a VALID search warrant-

See Walsh vs. Erie County Department of Job and Family Services, Case No.3:01CV7588

In a forceful opinion, US District Judge James G. Carr wrote:

"Despite the Defendants' exaggerated view of their powers, the Fourth Amendment applies to them, as it does to all other officers and agents of the state whose requests to enter, however benign or well-intentioned, are met by a closed door.

There is...no social worker exception to the strictures of the Fourth Amendment.

...Any agency that expects to send its employees routinely into private homes has a fundamental obligation to ensure that those employees understand the constitutional limits on their authority."

The caseworkers in the Walsh case admitted they had never been taught anything about the Fourth Amendment or search warrants. They still aren't.

We have heard of people trying to stand up for their Rights and being told by the LEO "Oh those are just for TV. This is the REAL world we're in now". I once asked a particularly vapid policeman if he took the OATH to "uphold, support, and defend the Constitution of the United States. He said he had. Then I asked him if he believed his oath, or if those were just some words he had to say to get the job.

Shut up, shut up, shut up.

The recent U.S. v. Craighead case in the UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT held that interrogations occurring inside the home are custodial, requiring Miranda advisements under the Fifth Amendment to the Constitution of the United States.

You are not required by law to talk to any of these people, so don't.

You are an American. It's not your job to prove that you "have nothing to hide". This is not the time to present your defense. Every word you say WILL be used against you.

Defending your Constitutional Rights falls on you. Use them or lose them.

NOTICE:: I am not a lawyer and I do not pretend to give legal advice. If you need legal advice, see AFRA's Lawyer Friends who certainly are not pretenders. I merely relate the things I learned in the past that seemed to work in my own case or things that others have related to me that worked in their cases. I provide information for free and do not expect to receive any form of payment or reward on this side of heaven. Therefore, DO NOT rely on this information as legal advice. Real Legal advice would come from a real lawyer who hates CPS and prepares a VIGOROUS DEFENSE against a negative (proving nothing happened) instead an ATTORNEY talking you into a plea bargain.

For more info: American Family Rights Association
"Better be wise by the misfortunes of others than by your own." --Aesop (c. 550 B.C.