~By the way~ I don't think Sampson wants to hear from non-New York citizens.
NYS Senate Bill 1669 Does away with both 4th and 5th Amendment Rights ~and~ Miranda Rights too
Alert!! NYS Senate Bill 1669: Allows CPS to Enter Homes
Sponsors: Senator Sampson
Summary:
Senator John Sampson has introduced a bill that would strip every New Yorker of their constitutionally protected right to say "no" to government officials with child protective services (CPS).
Senate Bill 1669 would allow any CPS representative to obtain an immediate warrant to enter an individual's home if that individual, who is the subject of a CPS investigation, blatantly refuses to a meeting or a home visit with the CPS caseworker. Under Senate Bill 1669 "blatant refusal" simply means verbally refusing to a meeting or home visit by CPS. Under the bill anyone who blatantly refuses to allow the CPS caseworker into his home, or consent to a meeting, will be automatically indicated for a more thorough investigation.
Under Senate Bill 1669, to obtain a court order to enter a home and investigate the well-being of the children living there, a caseworker need only declare that he is a CPS representative, and provide identification verifying this fact. The CPS worker can then demand a meeting or entrance into the home of the individual who is subject to an investigation. If the individual does not comply with these demands within 24 hours, the CPS representative will have grounds to obtain an immediate warrant. According to Senate Bill 1669, the CPS caseworker will be required to obtain the warrant the very first time an individual refuses a home visit or meeting.
Please make a stand against this outrageous attack on our constitutionally protected right to say …NO!
Action Requested:
Please contact the sponsor, Senator Sampson,
Phone: (518) 455-2788 …….. Brooklyn NY Phone: (718) 649-7653
or email him at…. sampson@senate.state.ny.us
(You do not need to identify yourself but can say you are a concerned New York citizen.)
and give him this message in your own words:
"I am opposed to your attempt to strip New Yorkers of their 4th Amendment rights in Senate Bill 1669. This bill is unconstitutional on its face. Senate Bill 1669 would allow caseworkers to obtain a warrant to enter an individual's home without the necessary probable cause, simply because the individual said "no." No individual should be denied their constitutional rights simply because of an anonymous report to social services. Please withdraw this bill immediately."
2)Please call or email your own state senator
(Found Here… http://www.nysenate.gov/senators)
and give him or her this message in your own words:
"I am opposed to Senator Sampson's attempt to strip New Yorkers of their 4th Amendment rights in Senate Bill 1669. This bill is unconstitutional on its face. Senate Bill 1669 would allow caseworkers to obtain a warrant to enter an individual's home without the necessary probable cause, simply because the individual said "no." No individual should be denied their constitutional rights simply because of an anonymous report to social services. Please oppose this bill.".
Please identify yourself as a constituent.
Status: Currently in Senate Children and Families committee.
Background:
Senate Bill 1669 has been introduced and is currently in the Committee on Children and Families. While there is no known hearing scheduled on the bill, we believe this bill is so clearly in violation of an individual's 4th Amendment rights that action should be taken.
We believe Senate Bill 1669 is an outrageous attack on your 4th Amendment right to privacy in your home. Under the 4th Amendment you have the right to be free from unlawful searches or seizures of your property. In order to overcome your opposition to the searching of your property, the Constitution requires a court order based on probable cause or exigent (emergency) circumstances that preclude the requirement of a court order.
Under Senate Bill 1669, no probable cause is necessary and no emergency situation is needed to get an order to come into your home. Under the Constitution an anonymous tip would never be adequate for probable cause. Additionally, we are presumed innocent under the laws of our nation and the Constitution. The mere refusal by an individual to allow the government agent into their home would not satisfy the probable cause standard.
In 2009 in New York, the most recent year that statistics are available, there were 168,658 reports of abuse and neglect. Of these,111,958 (or over 66%) were determined to be unfounded; 54,156 (or barely 32%) were "indicated." In New York a report is indicated if "an investigation determines that some credible evidence of the alleged abuse or maltreatment exists." An indicated report does not mean that the person has been found guilty of abuse or neglect. Over the years, some parents have been indicated even though they did nothing to abuse or neglect their children.
New York is also unlike nearly all of other states that either screen in or screen out reports based upon what is actually reported. Therefore, anyone can make an allegation that must be investigated by social services. Under Senate Bill 1669, if an individual is the subject of a ridiculous allegation and he refuses let the social worker into his home, a court order will be issued to enter the home simply because the individual said "no."
More on this at HSLDA
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