American Constitutional Rights

American Constitutional Rights 

When child abuse investigations are conducted by people whose main goal is to dig up dirt on a family to assassinate their character and desire for every family to be in "therapy," you end up with a mess- this mess we have right now of incompetence and corruption.- Leonard Henderson Oregon Family Rights

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

This means you CANNOT disparage a parent's choice of religion and use that in your creation of an abuse/neglect case.
It further means you CANNOT "gag order" a parent from seeking other parents, counselors, or advocates to network with
Nor can you demand parents to remove advertisements from newspapers, or posters, brochures or letters, or meet to strategize defenses or bring public attention to their cases.


Amendment IVThe 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.
This means you CANNOT barge into somebody's home without a SEARCH WARRANT which must ALREADY BE signed by a judge on PROBABLE CAUSE and somebody's OATH that there is a REALLY GOOD reason to invade this family.
This means that an anonymous "Hot Line" call is NOT "Probable Cause"
This means that you have to SPECIFY exactly what you are looking for.
This means that you CANNOT just go into somebody's house on a "fishing expedition" for the purpose of LOOKING for ANYTHING to use to create a case against the family.
This also means that CHILDREN have the same rights against YOU as their parents and are entitled to the same Constitutional protections AGAINST you searching and seizing THEIR PERSONS without "Probable Cause".
From the FBI Color of Law Civil Rights Violations page- An official would violate the color of law statute by fabricating evidence against or conducting a false arrest of an individual. That person's rights of due process and unreasonable seizure have been violated. In the case of deprivation of property, the official would violate the color of law statute by unlawfully obtaining or maintaining the property (kidnapping the child) of another. In that case, the official has overstepped or misapplied his authority.


Amendment VNo person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

This means you had better give people their Miranda Rights before you ask a single question.

This means that you had better not THREATEN people to talk with you.  You have no business threatening to TAKE THE KIDS if people refuse to SURRENDER their Constitutional Right NOT to talk with you.

This also means you had better NOT snatch the kids unless they really have been deliberately PHYSICALLY injured.

This means that KIDNAPPING THE CHILDREN from their parents and holding them hostage with their release CONTINGENT upon the parents "jumping through the hoops" of  compelled "Parenting Classes",  "counseling" with contractor  "mental health clinicians"  is DEPRIVING both the children and their parents of their lives, liberty, and property without "due process of law"

You cannot PRETEND that KIDNAPPING a child from their own home is "in their best interest".  If a REAL CRIME has been committed, the perpetrator should be the one removed.

Amendment VIIn all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
This means that you had better tell people what the allegation is and inform them of their Miranda Rights  and has Counsel present before you ask a single question.
This means that the "Anonymous Tip" probably came from somebody USING YOU to destroy a person for reasons that have NOTHING to do with any child abuse.  If the "tipster" doesn't have enough guts to make a REAL accusation in person, nothing they say is credible.  The accused should NOT have to guess who made the accusation and what the "tipster's" true motive is.
This means that you CANNOT HIDE EXCULPATORY EVIDENCE in order to KNOWINGLY prosecute an innocent person.
This means that contrary to how it has been operating, the BURDEN OF PROOF is NOT on the accused to "prove a negative"- that NOTHING HAPPENED.  And the "rubber stamp say-so" of the subjective OPINION of a mental health clinician is NOT EVIDENCE.
This means that "second hand hear-say" information is NOT evidence.


Amendment VIIIn Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
This means that YOU are NOT the Prosecution, Judge, Jury, and Executioner.


Amendment VIIIExcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
This means that YOU are NOT the Prosecution, Judge, Jury, and Executioner.
From the FBI Color of Law Civil Rights Violations page-The Fourteenth Amendment secures the right to due process and the Eighth Amendment also prohibits the use of cruel and unusual punishment. In an arrest or detention context, these rights would prohibit the use of force amounting to punishment (summary judgment). The idea being that a person accused of a crime is to be allowed the opportunity to have a trial and not be subjected to punishment without having been afforded the opportunity of the legal process.
What do you think the compelled parenting classes, psych evals and continuous meetings that conflict with jobs are- if they ARE NOT punishment and a summary judgment?  And by the time YOU are done "piling charges" and Assassinating parent's characters, they can never get a job again.


Amendment IXThe enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Which means that THE PEOPLE HAVE ALL THE RIGHTS.  CPS workers have NONE


Amendment XThe powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.


Amendment XIVSection. 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
From the FBI Color of Law Civil Rights Violations page-The Fourteenth Amendment secures the right to due process and the Eighth Amendment also prohibits the use of cruel and unusual punishment. In an arrest or detention context, these rights would prohibit the use of force amounting to punishment (summary judgment). The idea being that a person accused of a crime is to be allowed the opportunity to have a trial and not be subjected to punishment without having been afforded the opportunity of the legal process.


http://familyrights.us/social_work/law/

*The posts made in this blog are of our opinion only* Without Prejudice UCC 1-207