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My son found a syringe in a box of stuff in my room so instead of call me he decided to call the police , never letting me know

Sayre, PA |

a few days later my son put a hidden cameras in my room and and took a video of me using the needle. The children were all sleeping and my oldest son put a video camera under my door and filmed me putting a tourniquit on and using the needle, the next day the police cam with children protective services and took my children away. in now way did i put my kids in harms way, i think the police invaded my privacy and also talked to my children without my consent! they were tresspassing and filling my kids head with ideas on how to intrap us! what are my right and can i sue the polive for invasion of privacy?

Attorney Answers 3

Posted

The police are immune to being sued for invasion of privacy or anything else when they are carrying out their duties. Your son is not an agent of the government and so evidence exclusion rules will not apply to him. The fact that your son felt that he had to do that speaks volumes. Put your energy into getting yourself back together instead of silly theories against the cops that are not actionable. Unless you are diabetic and are using the tourniquet and needle for insulin--then one can surmise the use of heroin or other drug. CPS does not take kids away from diabetic parents. They do from drug addicts. And one can certainly disagree with you that doing drugs when your kids are home does put them in harms way. Your son also has no obligation to talk to you, he can call the police whenever he wants.

We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute legal advice. Any statements I have made are based upon the very limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in California.

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Posted

At this juncture, you need to focus your efforts on addressing the CPS investigation and any related criminal charges that might arise from this incident. You should consult with an attorney who is experienced with both CPS and criminal law. Any civil rights issues that you need to address can possibly be vetted through those forums. I also agree with counselor Sargeant that you might very well need to rebuild your relationship with your child if they did not feel comfortable discussing this with you. Embrace the CPS investigation, they can recommend a variety of extra-judicial counseling resources that can help you.

All information provided in this comment is intended for informational purposes only and does not, by itself, create an attorney client relationship. Without the benefit a personal consultation to exploe all of the facts of your legal problem, the information in this posting may be inaccurate and for that reason it should not be relied upon. If you wish to consult with an attorney, or have any questions concerning this comment, please feel free to contact our offices through any of the above contact sources.

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Philip E. Abromats

Philip E. Abromats

Posted

I seriously doubt there are any civil rights issues, unless the police made first contact with the child and made the child their constructive agent. And entrapment only occurs when the cops persuade you to commit a crime you were not inclined to commit. The fact that they caught you doing something you were planning on doing anyway is not entrapment.

Posted

I agree with the other two attorneys. You need to focus on fixing yourself. The first step is recognizing that you have a problem. Anything that your son did does not violate any of your constitutional rights.

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