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 No - knock warrant for a child yields confinscated property? 
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 Post subject: No - knock warrant for a child yields confinscated property?
PostPosted: Sat Dec 15, 2007 10:57 am 
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Location: Whittier
DCFS has been a problem, wanting to conduct warrantless searches of our property . .. the result of an investigation started by a mentally unstable "family friend".

Last night, while we weren't home . . . Dad(me), mom, and child out getting groceries & visiting an unfortunate person in the hospital, a no-knock warrant was executed on both our properties. We came home and it looked like the house was burglarized or being burglarized. I called MPD 911, while woman and child stayed warm in the car. I waited outside with a good view of the front and back door. 20 minutes later two MPD came out and did a walk through of the house. After it was cleared, we found that the warrant copy left behind stated it was a warrant for my two month old daughter. They took 2 rifles, one shotgun, one pistol, and one sword. They left behind several guns, spears, and another sword. They destroyed and antique door and it's beautiful hardwood frame, ransacked bags that no child could possibly fit in, terrorized or misstreated (tazer or spray maybe?) my dogs to the point there was dog poo all over and left them to mill about on the broken glass that was spread from the front to the back of the house. We have no idea what they did in the condo, as it is sealed/ boarded up by some construction company.

In short they ransacked and confinscated way outside the scope of what the warrant covers & we still haven't been told what we are accused of.

Then it turned into a worst nightmare. The two MPD officers started grilling us on what the warrant is about (we don't know because the investigator wouldn't tell us despite two face to face meetings, more phone calls, and numerous times we have asked him). . . then they took our baby. We went where they took her and were told they put a 72 hour no contact order (mom and dad can have no contact for 72 hours) which doesn't include Sat and Sun! When I called the on-call DCFS worker, while the mom and I were seated quietly in the lobby of the place they are holding our daughter, I got "nothing can happen til Monday when you talk to the investigator (who won't tell you why you are being investigated) and you are just making things worse by creating havoc in the lobby . . ." By being quietly seated and making a cell phone call, mind you .. . ..

That was last night. This morning is my first birthday as a father.

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Crime is contagious. If the government becomes a
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a law unto himself; it invites anarchy .” Olmstead v. U.S., 277 U.S. 438


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PostPosted: Sat Dec 15, 2007 11:37 am 
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Location: Coon Rapids
Holy....

Happy birthday, man. I hope this all gets cleared up quickly.

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PostPosted: Sat Dec 15, 2007 1:23 pm 
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Man. These are the rare moments I wish I was a lawyer.


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PostPosted: Sat Dec 15, 2007 1:56 pm 
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The warrant says ....blah . . . blah. . . "for the following described property and things: The person of K______ M______M______, 10/22/2007, white female child. Whereas, the blah . . . . blah . . . .

No item besides my daughter is listed in the warrant.

On the yellow "Reciept, inventory & return" document, they list four guns as having been taken, in a section of the form listed "I took into custody property named in said warrant and listed below" They didn't list the sword they took.

How is it that they seized poperty not listed in the warrant & searched areas of the house not covered (as a warrant only authorizes search where a thing could possibly be e.g. a warrant for a stolen 42" TV doesn't authorize the search of a 18X6" kitchen drawer) and they took pillow cases off pillows looking for a two month old? ransacked drawers and confinscated guns?!?!?!

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Crime is contagious. If the government becomes a
lawbreaker, it breeds contempt for law; it invites every man to become
a law unto himself; it invites anarchy .” Olmstead v. U.S., 277 U.S. 438


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 Post subject:
PostPosted: Sat Dec 15, 2007 4:51 pm 
Delicate Flower

Joined: Sun Aug 07, 2005 11:20 am
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Location: St. Paul, MN.
lawyer, lawyer, lawyer...............

very sad
:cry:

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PostPosted: Sat Dec 15, 2007 5:53 pm 
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Location: Hutchinson, MN
........wow.


Sounds like you were robbed and a member of your family kidnapped to me. Someone tell me how I am wrong in my conclusion.

Welcome to Facism. :evil:

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But it remains true that from time to time they collaborate on something that's both stupid and evil and call it bipartisanship. -Thomas E. Woods Jr.


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PostPosted: Sat Dec 15, 2007 7:05 pm 
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Lawyer up ASAP.


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PostPosted: Sat Dec 15, 2007 11:58 pm 
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I'm sorry, but I am missing a whole big hunk here.

Your daughter is taken from you and the concern seems to be other property taken outside the scope of the warrant? Please tell me that I am missing something in your post.............

Yes, you mention that they took your daughter, but then in the next post you seem to be more concerned about the searched areas outside the scope of their warrant.

I hope that I am missing something in your posts and your daughter home and OK, right?

Tell me I am way off..............


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PostPosted: Sun Dec 16, 2007 12:20 am 
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The whole thing has been illegal from the get go.

Yeah, I am complaining mostly about the guns and property here in hopes that somebody here can give me some insight into how to get my stuff back. Hell, they listed My Saiga .308 with POSP as a SKS . .. . I'll be lucky if my Alaskan doesn't come back as a SP101! Sword? What sword? It wasn't on the list.


Yeah, my daughter is the most important thing in the world to us. That goes without saying.

I listed this in Isolated Incidents because of the part that is relevant to cops and . .. . behavior thereof.

The DCFS stuff is so whacked .. . well a half drunk lawyer should get us a good settlement, but meanwhile they have our daughter on a no contact hold. Nothing I can do, nothing I can say til I get a lawyer on Monday. Probably nothing real to be done for our daughter til court on Wednesday. Meanwhile, I busy with what I can to try and get our lives back, stuff and all.

_________________
Crime is contagious. If the government becomes a
lawbreaker, it breeds contempt for law; it invites every man to become
a law unto himself; it invites anarchy .” Olmstead v. U.S., 277 U.S. 438


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 Post subject:
PostPosted: Sun Dec 16, 2007 7:50 am 
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Home invasion? - No Knock? - coming soon to a city near you! I can only imagine how violated you must feel. That aside, the next what if; What if you had been home when served? Not trying to speculate or Monday morning QB your situation, but to ask myself what I would do. This sort of thing disturbs the 5hit out of me. Prayers for you & yours.

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PostPosted: Sun Dec 16, 2007 8:32 am 
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I'm tagging this post just so I keep up with the rest of the story.
They wanted your daughter for what reason we don't know but took your guns in the mean time?

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PostPosted: Sun Dec 16, 2007 10:08 am 
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We still don't know the substance of the complaint that started it all.

My woman had a friend of unsound mind . .. who called my woman's mother and told her "the heat is off the house is freezing, your daughter is destitute, blah, blah" mother calls our priest, priest calls a vestry member and meanwhile friend of unsound mind calls vestry member and the two of them decide to "do an intervention" on my woman, who incidently is just fine, as is the heat. Its just that my woman, realizing her friend was a bit psycho and displaying some stalking/ obsession type behaviors towards our newborn . . . was distancing herself discretely from the friend of unsound mind. Then they called DCFS.

The DCFS worker showwed up while I was indisposed and my woman let him in. Subsequently, since there was no substance to the complaint and only the testimony of somebody with a pattern of mental health hospitalizations and somebody we'd later find 4th hand knowledge of rumors started by that same unstable person . . . we figured it'd be impossible for them to get a warrant & we could stop further intrusions until they at least told us what the actual complaint was. We figured that if they wouldn't tell us what the complaint was until after coming further into our living space, they wouldn't have a real complaint until they found one . . . . even if it was just a bio toxic dust bunny with a toe jam core under the computer desk. If they can't articulate a complaint without coming in and looking for one, we figured no judge would write a warrant.

We were so incredibly wrong. Apparently asserting your 4th and sixth ammendment rights is probable cause.

_________________
Crime is contagious. If the government becomes a
lawbreaker, it breeds contempt for law; it invites every man to become
a law unto himself; it invites anarchy .” Olmstead v. U.S., 277 U.S. 438


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PostPosted: Sun Dec 16, 2007 10:49 am 
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Get a lawyer involved immediately. Get your daughter back tomorrow. Get your stuff back before it gets 'misplaced' or destroyed. Tomorrow at start of business, you should have a lawyer making phone calls and filing motions and whatever else it is that lawyers get paid to do.

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Of the people, By the People, For the People. The government exists to serve us, not the reverse.

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Next MN carry permit class: TBD.

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jason <at> metrodefense <dot> com


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 Post subject:
PostPosted: Sun Dec 16, 2007 10:57 am 
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Location: West Central MN
They have a report that your baby is being neglected/abused by you and/or Mom. That means baby might be a victim, and baby has the right to full protection of the laws, which includes child protection services. They have to investigate.

Lo and behold, they are not allowed to even see the baby/possible victim , because the very people who are accused of abuse/neglect either refused access, or too "indisposed".

I am real sorry this happened sir, but with all due respect for you, it's not about you, or your "woman", or your guns, or your rights under the 4th, 6th or other Amendments.

It was ALL about the rights of the baby. My heart goes out to you. I pray that your family will be successful.

You should have had an attorney since day one. "We figured it'd be impossible..." Any attorney could have told your THAT was wrong. The baby has rights, including the right to have her caretakers respond to a report of abuse/neglect.

Usually what happens after 72 hours after the weekend is NOT that you get the baby back, as incredible as that sounds. Usually they tell the Judge that the investigation has not really began, and they need custody of the child so they can begin the investigation, and report back to the Court, with a recommendation, which all parties can discuss...... Oh and then they'll offer to appoint an attorney if you want. A little too late.

Better figure out how to get an attorney NOW. You are continuing to make mistakes. You and Mom owe this to your baby because you are the parents.


Last edited by Dick Unger on Sun Dec 16, 2007 6:02 pm, edited 1 time in total.

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 Post subject: Free advice
PostPosted: Sun Dec 16, 2007 12:42 pm 
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Location: Minneapolis MN
I don't know anything about the situation, but, here's some free advice:

You're in the crosshairs of the Ministry of Love, whether deservedly or not. It's remarkably easy for you to get totally and utterly screwed, whether or not you deserve it.

Hence this free advice, probably worth a fair amount more than what you're paying for it:

1. Shut up. Don't talk about this incident, at all, to anybody, except as directed by your attorney. That includes posting on the Forum. It's not my job to block you from posting things that can be used against you; it's yours. Again: shut up.

2. Lawyer up. In theory, you have lots of rights; in practice, you may even have some of the rights you have in theory. They're worth basically nothing without a good professional to guide you, and you need to be making that call either several days ago or right now, whichever is easier.

Were I in your situation, I'd be calling 612 332 3100, and hitting the urgent button when directed by the voicemail machine, right about, well, now. Actually, I'd have made that or a similar call at a minimum of days ago.

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