Q: Is it legal for my 5 year old to have been used by police in a kidnapping scheme to arrest me for alleged robbery?
An illegal siezure on my home resulted in the removal of my animals from my start-up animal sanctuary. I went to retrieve my animal family and was accused of all sorts of things from assault to robbery, of which none of those things really happened. I found my kittens in the back of a open truck, in a crate, with no one around, and took them, with no incident. The sherriff's arranged for my mother to leave the area with my daughter which resulted in my child running away scared into the forest and getting lost. I reported the kidnapping of my daughter from my home (not knowing the collaboration was taking place). Sherriff's said if I turn in court orders stating I had custody of my daughter they'd have her returned home. I turned in the papers and was arrested for assault and robbery, which I didn't do. Can they fabricate kidnapping of my little girl and do so to arrest me?
A:
In California, as in all states, the legal system aims to protect the rights of individuals, including during law enforcement operations. Using a minor, especially in a potentially dangerous situation like the one described, raises serious legal and ethical questions.
First and foremost, the welfare and safety of a child should always be a paramount concern in any law enforcement action. If your daughter was indeed used in a way that endangered her or involved her in a law enforcement operation without proper safeguards, this could be a matter of significant concern.
Regarding the allegations of assault and robbery, and the circumstances of your arrest, it's essential to remember that all individuals are presumed innocent until proven guilty in a court of law. If you believe you have been falsely accused or that there was misconduct on the part of law enforcement, it's crucial to seek legal representation.
An experienced attorney can review the specifics of your case, including the manner in which evidence was obtained and how your arrest was conducted. If there were procedural violations or if your rights were infringed upon, this could have important implications for your case.
As for the alleged seizure of your animals and the subsequent events, these details also need to be carefully examined by legal counsel. The intricacies of property seizure, especially in the context of an animal sanctuary, require a thorough understanding of both criminal and civil law.
In situations like this, where there are allegations of law enforcement misconduct and complex legal issues, it's vital to have the guidance of an attorney who can navigate the legal system and advocate for your rights. They can also assist in addressing any concerns about the welfare of your child and the legality of the actions taken by law enforcement.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
