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echo: vfalsac
to: MARK VALENTINE
from: BOB HIRSCHFELD
date: 1995-12-31 11:45:00
subject: Re: Warrantless Search

> I seek advice regarding a search of my home conducted last month by the
> Los Angeles County Division of Children and Family Services and the Los
> Angeles Police Department. This search was instigated by my vindictive
> ex-wife, who lost a custody battle. Two Police officers and a DCS social
> worker appeared at my doorstep at about midnight, and threatened me with
> arrest if I didn't step away from my doorway to let them in. Each of my
> three children were woken and interrogated by the social worker, who
> asked them questions about "being left alone," i.e. having their older
> sister babysit. (The children's ages are almost 5, 9, and almost 12. The
> oldest child babysits infrequently, and for short periods of time.) The
> oldest child was particularly upset because the social worker also asked
> her which parent she liked the best. She has had frequent nightmares
> after this incident. During the
> interrogation, two more squad cars arrived. Before they left, my
> livingroom was swarming with Police. One of these officers followed me
> throughout my home, and looked around the premises.
 
> So far, I have written letters of complaint to an LAPD police captain, an
> LA County supervisor, and the U.S. Attorney's office in Los Angeles. The
> only response so far has been from the LAPD, which claimed that it acted
> appropriately.
 
> I am considering filing a civil suit against the City of Los Angeles and
> County of Los Angeles for violating my 4th Amendment rights. I would
> appreciate any advice on who to contact or how to proceed.
 
> + Origin: Sleuth BBS (1:102/919)
 
May I suggest you go to any local Law Library and look up this U.S. Supreme 
Court case:
 
BIVENS v. SIX UNKNOWN NAMED AGENTS OF THE FEDERAL BUREAU OF NARCOTICS, 405 US 
388, 29 L.Ed 2d 619, 91 S.Ct 1999 (1971)
 
I suggest you contact the Southern California chapter of the ACLU. Actually, 
Webster Bivens himself, a non-lawyer, resides in Los Angeles, and is still 
active in assisting pro-se litigants file so-called "Bivens Writs". There are 
a very few document-preparation outfits, such HOW2 (Phoenix, AZ, 
602-265-4692), which are competent to draft "Bivens" type federal civil 
rights lawsuits. Beware of claims by the police to "immunity."
--- DB 1.58/004910
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* Origin: Bob Hirschfeld, Moderator, FidoNet VFALSAC Echo (1:114/74.2)

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