QUESTION
Can charges be dropped and am I able to sue the sheriff's and child protective services?
Asked on Sep 07th, 2016 on Personal Injury - California
More details to this question:
My neighbors called the sheriff on me for a domestic violence and my boyfriend. They've been harassing me since I moved here. But that day they came, I left the sheriff's and I told him that my boyfriend ran off to the back and then let them in because they said they needed a search to see that he was not here. Then two of the sheriff's walked out and they told me they were going to leave because they didn't find him. I come to hear the third one who stayed inside and found an ounce of crystal meth on top of the table in my living room. They he called the other two. He pointed at it and then they handcuffed me and put me in the sheriff's car for 3 hours. My daughter was in the house at the time. She's 15 and they all went inside the house and talked to her. They interrogated her for 3 hours. Then they searched my whole house. They didn't want to release my daughter to my mom who lives across the street. They didn't call Child Protective Services. What they did was, they dropped my daughter off at her dad's house and then they stood outside the house for like 10 minutes while I was in the cop’s car. They went back in the car and then they took me to the police station. In the police station, they left me in the car for like 5 minutes. He went he got out the driver’s side, went back and went towards the passenger side. He opened it, put a hand sanitizer on, shut the door and went back to his side. He sat down, got his sister, got out when around open the back and started putting his things away. He shut the door then he opened his, opened my door and he let me out. Then instead of taking me to where he could take off my handcuffs, he texted me to the nurses station and had me to face the corner. I'm still handcuffed and he's talking to the nurse for like 3-4 minutes. Then he told me to get out. I went out and he sat me down and took off my handcuffs. I got booked in.
1 ANSWER
It does not make sense that the deputy actually acted in that fashion. If you did not complain of injuries why take you to the hospital, why would his sister want to get in the police car with a suspect in it, etc. You will have a hard time getting someone to believe you. In any case, you let the police come in and look around. The drug sounds as though it was in plain sight so the officer would have legitimately found it. Having found the illegal drugs, it was reasonable to search the rest of the house; it was also reasonable to have your daughter go to her father since he is her closest blood relative. Child Services did nothing wrong. If the officer really acted as you claim, his post arrest activity was illegal, but how are you going to prove it?
Answered on Oct 04th, 2016 at 7:08 AM