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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a question I know someone that the cps and police

Customer Question

I have a question I know someone that the cps and police violated their home without a probable cause and warrant and was arrested. What to advised the person since their 4th Amendment rights was violated?
JA: Since laws vary from place to place, what state is this in? And when was the warrant issued?
Customer: Georgoa I mean Georgia
JA: Has anything been filed or reported?
Customer: The person tried to contact lawyers but is getting the run around
JA: Anything else you want the lawyer to know before I connect you?
Customer: The person told the officer that their rights is being violated and he had done nothing. The documents on the case will not line up (I got to explain to the lawyer what I mean on that). The cps worker had orders to stay away from the property from their supervisor. I have more but my thought is not all there to say properly.
Submitted: 2 months ago.
Category: Family Law
Expert:  LawTalk replied 2 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of the situation. My goal is to provide you with excellent service today. I am a licensed GA attorney.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, I can offer you a personal phone conference during which there is no limitation on the number of questions you can ask of me, as opposed to continuing in this question and answer thread which is searchable and viewable by the public. As soon as I post this message, the site will offer you a phone call option. After you click on the call option I can accept your call and call you right away.

Let me know if you don't want a call and I will be happy continue here with an answer for you.

Either way, whether I call you or not, in order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. What do you need to know?

Thanks in advance,

Doug

Customer: replied 2 months ago.
My aunt and cousin had a cps case in another part of town where I live so the cps from that part called me to assist them and I did. When the case was transferred to my part of town I was never home however my relative told the worker that this is not their home and have to give me a call to get access. I am an individual will not let anyone in my home without me being there because an individual can pretend that work for or be anyone. It have been told to the cps worker every time that come out. I have not got a call form cps and I have given them my number the person I give my number to is Ms. Jessica Arnold of the cps of the town I live in. When she kelp doing it yes I told her I will call the police for harassment. One day I have to take a friend of my cousin to the hospital early in the morning I left. Sometime that morning I got a call that the police and cps was in my home without a warrant and probable cause to enter so I hurried back home.
When I got there I was upset and told an offer that my 4th Amendment were violated and he did nothing (I can't remember the officer name right now but I can recognize him). Then another officer called someone to get a warrant for my cousin and I arrest. The cps took my cousins. A friend of the family bail me and my cousin out. A few days later the cps worker boss and Ms. Arnold called my cousin but our aunt received it. It was told again that it is not their home to call her nephew and the boss told Ms. Arnold to call me and stay away from the home and Ms. Arnold argue with my aunt on a court case and my aunt told her she is wrong and have proof of her being wrong. After that I went to count and got dismiss. I want eye for an eye on the police and cps justice.
Expert:  LawTalk replied 2 months ago.

I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.

Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.

I apologize for any inconvenience and wish you well in your future.

Doug

Expert:  Ely replied 2 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

Your previous expert has opted out and I have opted in. Please clarify:

1) Are you or were you charged with anything?

2) What are you trying to do here, i.e. what is the "end game" for you - your goal?

Customer: replied 2 months ago.
I was charge. I want resentution on the cps and the police. Myself and all are very tired of police, cps workers, and others get away with committing crimes. I want to make an example of the powder Springs police and cps of Marietta to let others know people are tired of their wrong doing even I have to hit their pockets to make an example out of them
Expert:  Ely replied 2 months ago.
Thank you.
There are six major exceptions to warrants:
1) search incident to lawful arrest
2) plain view exception (if they see a major criminal violation from the outside)
3) consent by occupant
4) stop and frisk (not applicable)
5) automobile exception (not applicable)
6) emergency (not applicable unless this was an emergency for the child's well being)
Ergo, if they entered without a search warrant and their entry did NOT fit into one of the above, then they MAY be used on constitutional grounds. Moreover and perhaps more importantly, any evidence found may be thrown out.
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