Re: were my rights violated?

More | Report Post

Simple question.....were her rights violated in this case?
Should she spend the time and money for an attourney? I would
think that it would fall under the 4th Ammendment rights as
well as a Hippa violation.

On 12/04/06, A law student not an attorney wrote:
> Read the board... this is for law students. We are not
> licensed to practice law.
>
> The only advice we can give you is, consult an attorney.
> On 12/03/06, Sad Mom wrote:
>> I have a daughter that is in her teen years that has been
>> struggling with mental illness issues for several years
>> now. She had an outburst that ended up with my hand in
>> her mouth and me restraining her other arm so she could
>> not continue to hit me. I instructed her to quit biting
>> me or I would bite back, my mouth was the only part that I
>> could use at the moment. She would not release and I bit
>> her to get her to release me. I was charged with 5th
>> degree assalt.
>>
>> While I was being detained by an officer, my daughter and
>> a female officer entered my locked bedroom without mine or
>> the other lease holders permission. While in my bedroom
>> the officer proceeded to go through my closet, dresser,
>> nightstands, purses, shoes, luggage, under the bed, ect.
>> While conducting the search the officer recovered a small
>> amount of marijuana.
>>
>> My two daughters were sent to 72 hour protective foster
>> care by the officers.
>>
>> I was taken to the local ER to be checked out and treated
>> for an anxiety attack. While at the hospital I supmitted
>> to my physican for blood work and urinallisis... I have
>> some health issues and I thought my health information
>> would be private to me, other than informing the officer I
>> was ok to be released to custody. The attending physican
>> released my medical information and test results to the
>> arresting officer and he used this information against me
>> in the police report.
>>
>> Social services is now using this information against me
>> and trying to take my two daughters perminantly from me.
>> I have no prior record, I haven't even had a moving
>> violation in 20 years. Shouldn't this information be
>> struck from the record since it was not a legal search of
>> my home and that I did not sign anything allowing my
>> health records to be released to the officer? I was
>> charged with a 5th degree assalt, which is a mistameaner.
>> I have not been charged with any other crimes. Is there
>> any recourse to the actions of the officers, physican or
>> hospital? This ordeal has been horrible on my children
>> and myself. My children are still out of the home, my
>> youngest is staying with her father and my teen is stuck
>> in foster care he**. I think she has the worst case
>> worker ever. My daughter struggles with depression and
>> her case worker informed her that at the bare minimum she
>> would be in foster care for six months, if not until she
>> turned 18.
>>
>> I am not a bad mom, I love my kids more than anything in
>> this world. I am very active with my children. My friends
>> tease me about getting a life outside of the home because
>> I rarely go out.