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Petition For Return Of Children To Fight Off Unlawful Courts and Child Protective Services Actions
 
 
The illegal taking of children by the courts and other so called "child protective services" is running rampant. They guarantee themselves jobs, growth and income by determining everyone the can is a "child abuser" without any evidence, trail, jury or sometimes even testimony or accusation except by them.
 
From: "thedesnoyers5" <court_watchers@...>
Date:
Wed Nov 16, 2005  7:14 pm
Subject: WARRANT FOR THE ARREST, COMPLAINT FOR DECLRATORY JUDGEMENT AND INJUCTIVE RELIEF.
thedesnoyers5
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ________


Petitioner, Vs. Respondent,
CASE NO. ___________

Notice to the court


_________

WARRANT FOR THE ARREST, COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF.
Point 1: (state how the below law applies to your case!) No abuse, no case, no fraud to get funding from Social Security, and fraud of child support for a child that was wrongfully taken from the family. Reimbursements for taking of a child by Child Protective Services where there was no reasonable effort and no abuse.

INQUEST


(1) Did the Judge commit perjury;
(2) Did the Judge obstruct justice;
(3) Did the Judge tamper with witnesses; and
(4) Did the Judge abuse the power of his office.

Impeachment is a matter of incomparable gravity. Even to discuss it is to discuss overturning the electoral will of the people. For this reason, the Framers made clear, and scholars have long agreed, that the power should be exercised only in the event of such grave harms to the state as "serious assaults on the integrity of the processes of government." Charles L. Black, Impeachment: A Handbook 38-39 (1974).
Authority 1:

Amendment V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Point 2: (state how the below law applies to your case!) Health and Human Service Agency, Child Welfare Agent, Child
Protective Services Employee, or any other Government employee, Judge, Bailiff, Marshal, FBI agent, Sheriff, Police to compel to perform a duty owed to the plaintiff. Any such person so named is hereby compelled to do their job.

Point 3: (state how the below law applies to your case!)

Authority 3:
TITLE 28 PART IV CHAPTER 85 1361.

Action to compel an officer of the United States to perform his duty Release date: 2004-10-27 The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff

Point 4 (state how the below law applies to your case!)

Authority 4:
From the U.S. Code Online via GPO Access wais.access.gpo.gov Laws in effect as of January 7, 2003
Document not affected by Public Laws enacted between January 7,
2003 and February 12, 2003 CITE: 28USC528

Under the constitutional-doubt canon of statutory construction "[i]f a statute is fairly susceptible of two constructions, one of which leads the court to doubt gravely the statute's constitutionality, then we must adopt the construction that avoids the serious constitutional problem." Ferguson v. Palmateer, 321 F.3d 820, 823 (9th Cir. 2003); Hurston v. Dir., OWCP, 989 F.2d 1547, 1554 (9th Cir. 1993) ("We are required by traditional canons of statutory construction to avoid a literal interpretation of a statute that leads to an absurd result or that is contrary to Congress' constitutional power.") (Alarcon, J., dissenting).

In Groh v. Ramirez, 124 S. Ct. 1284 (2004), the Supreme Court recently affirmed that every warrant must meet the requirements of the Warrant Clause, and be based upon probable cause, supported by oath or affirmation. Id. at 1289-90; see also Albrecht v. United States, 273 U.S. 1, 4-6 (1927) (holding an arrest warrant invalid because it was issued based upon affidavits which had been sworn to before an official "not authorized to administer oaths in federal criminal proceedings").

Point 5: (state how the below law applies to your case!)

Authority 5:
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE

PART II--DEPARTMENT OF JUSTICE

CHAPTER 31--THE ATTORNEY GENERAL



Sec. 528. Disqualification of officers and employees of the Department of Justice The Attorney General shall promulgate rules and regulations which require the disqualification of any officer or employee of the Department of Justice, including a United States attorney or a member of such attorney's staff, from participation in a particular investigation or prosecution if such participation may result in a personal, financial, or political conflict of interest, or the appearance thereof.

Such rules and regulations may provide that a willful violation of any provision thereof shall result in removal from office. (Added Pub. L. 95-521, title VI, Sec. 603(a), Oct. 26, 1978, 92 Stat. 1874.) Effective Date Section effective Oct. 26, 1978, see section 604 of Pub. L. 95-521, set out as a note under section 591 of this title.

Point 6: (state how the below law applies to your case!)
Authority 6:

Title 18, U.S.C., Section 241 Conspiracy Against Rights Laws: Cases and Codes : U.S. Code : Title 18 : Section 241
This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of
any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same). It further makes it unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured.

Punishment varies from a fine or imprisonment of up to ten years, or both; and if death results, or if such acts include
kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years, or for life, or may be sentenced to death.

Point 7: (state how the below law applies to your case!)
Authority 7. Title 18, U.S.C., Section 242 Deprivation of Rights Under Color of Law Laws: Cases and Codes : U.S. Code : Title 18 : Section 242 This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S. This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race. Acts under "color of any law" include acts not only done by federal, state, or local officials within the bounds or imits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under "color of any law," the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws,
statutes ordinances, or customs. Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.


Point 8: (state how the below law applies to your case!)
Authority 8:
TITLE 18--CRIMES AND CRIMINAL PROCEDURE PART I --CRIMES CHAPTER 31-- EMBEZZLEMENT AND THEFT Sec. 648.
Custodians, generally, misusing public funds Whoever, being an officer or other person charged by any Act of Congress with the safe- keeping of the public moneys, loans, uses, or converts to his own use, or deposits in any bank, including any branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or exchanges for other funds, except as specially allowed by law, any portion of the public moneys in trusted to him for safe-keeping, is guilty of embezzlement of the money so loaned, used, converted, deposited, or exchanged, and shall be fined under this title or in a sum equal to the amount of money so embezzled, whichever is greater, or imprisoned not more than ten years, or both; but if the amount embezzled does not exceed $1,000, he shall be fined under this title or imprisoned not more than one year, or both.

Point 9: (state how the below law applies to your case!)

Authority 9: Title 18, U.S.C., Section 241
Conspiracy Against Rights U.S. Code : Title 18 : Section 241 This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same). It further makes it unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured.

Point 10: (state how the below law applies to your case!)
Authority 10:
Title 18, U.S.C., Section 242 Deprivation of Rights Under Color of
Law U.S. Code : Title 18 : Section 242

This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S. This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race. Acts under "color of any law" include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under "color of any law," the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.

Point 11: (state how the below law applies to your case!)

Authority 11:
Title 18, U.S.C., Section 1001 Fraud and False Statements TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

U.S. Code as of: 01/02/01

Section 1001. Statements or entries generally

(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully -

(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;

(2) makes any materially false, fictitious, or fraudulent statement or representation; or

(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title or imprisoned not more than 5 years, or both.

Point 12: (state how the below law applies to your case!)

Authority 12:

18 USC Sec. 1203 TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I CRIMES CHAPTER 55 - KIDNAPPING

Laws: Cases and Codes : U.S. Code : Title 18 : Section 1203 STATUTE

(a) Except as provided in subsection
(b) of this section, whoever, whether inside or outside the United States, seizes or detains and threatens to kill, to injure, or to continue to detain another person in order to compel a third person or a governmental organization to do or abstain from doing any act as an explicit or implicit condition for the release of the person detained, or attempts or conspires to do so, shall be punished by imprisonment for any term of years or for life and, if the death of any person results, shall be punished by death or life imprisonment.

Point 13: (state how the below law applies to your case!)

Authority 13:

United States Code TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES CHAPTER 109 - SEARCHES AND SEIZURES

U.S. Code as of: 01/02/01

Section 2234. Authority exceeded in executing warrant. Whoever, in executing a search warrant, willfully exceeds his authority or exercises it with unnecessary severity, shall be fined under this title or imprisoned not more than one year. U.S. Code as of: 01/02/01

Section 2235. Search warrant procured maliciously Whoever maliciously and without probable cause procures a search warrant to be issued and executed, shall be fined under this title or imprisoned not more than one year.

Section 2236. Searches without warrant Whoever, being an officer, agent, or employee of the United States or any department or agency thereof, engaged in the enforcement of any law of the United States, searches any private dwelling used and occupied as such dwelling without a warrant directing such search, or maliciously and without reasonable cause searches any other building or property without a search warrant, shall be fined for a first offense not more than $1,000; and, for a subsequent offense, shall be fined under this title or imprisoned not more than one year, or both.

This section shall not apply to any person -

(a) serving a warrant of arrest; or

(b) arresting or attempting to arrest a person committing or attempting to commit an offense in his presence, or who has committed or is suspected on reasonable grounds of having committed a felony; or (c) making a search at the request or invitation or with the consent of the occupant of the premises.

Point 14: (state how the below law applies to your case!)

Authority 14:

Title 42 USC Section 1983Laws: Cases and Codes :

U.S. Code : Title 42 : Section 1983

Sec. 1983. - Civil action for deprivation of rights Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia


Point 15: (state how the below law applies to your case!)

Authority 15:

Title 42, U.S.C., Section 14141 Pattern and Practice U.S. Code :
Title 42 : Section 14141

This civil statute was a provision within the Crime Control Act of 1994 and makes it unlawful for any governmental authority, or agent thereof, or any person acting on behalf of a governmental authority, to engage in a pattern or practice of conduct by law enforcement officers or by officials or employees of any governmental agency with responsibility for the administration of juvenile justice or the incarceration of juveniles that deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States. Whenever the Attorney General has reasonable cause to believe that a violation has occurred, the Attorney General, for or in the name of the United States, may in a civil action obtain appropriate equitable and declaratory relief to eliminate the pattern or practice.

Point 16: (state how the below law applies to your case!)

Authority 16:
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Point 17: (state how the below law applies to your case!)

Authority 17:
Title 42, U.S.C., Section 3631
Criminal Interference with Right to Fair Housing

This statute makes it unlawful for any individual(s), by the use of force or threatened use of force, to injure, intimidate, or interfere with (or attempt to injure, intimidate, or interfere with), any person's housing rights because of that person's race, color, religion, sex, handicap, familial status or national origin. Among those housing rights enumerated in the statute are:


The sale, purchase, or renting of a dwelling; the occupation of a dwelling; the financing of a dwelling; contracting or negotiating for any of the rights enumerated above. applying for or participating in any service, organization, or facility relating to the sale or rental of dwellings.

This statute also makes it unlawful by the use of force or threatened use of force, to injure, intimidate, or interfere with
any person who is assisting an individual or class of persons in the exercise of their housing rights.

Punishment varies from a fine of up to $1,000 or imprisonment of up to one year, or both, and if bodily injury results, shall be fined up to $10,000 or imprisoned up to ten years, or both, and if death results, shall be subject to imprisonment for any term of years or for life.

Point 18: (state how the below law applies to your case!)

Authority 18: CRAWFORD v. WASHINGTON
SUPREME COURT RULES 9-0 On March 8, 2004, Supreme Court Rules That Hearsay Evidence in Child Abuse/neglect and Domestic Violence Cases Is Not Admissible. Parents Have the Constitutional Right to Confront Their Accuser under the 6th Amendment. DCF, the AAG and the States Attorney must Now Comply with the 6th Amendment in Child Abuse/neglect and Domestic Violence Cases.

Point 19: (state how the below law applies to your case!)
Authority 19:
The "liberty interest of parents in the care, custody, and control of their children is perhaps the oldest of the fundamental liberty interests" recognized by the U.S. Supreme Court. Troxel v. Granville, 527 U.S. 1069 (1999). Moreover, the companionship, care, custody, and management of a parent over his or her child is an interest far more precious than any property right. May v. Anderson, 345 U.S. 528, 533, (1952). As such, the parent-child relationship is
an important interest that undeniably warrants deference and, absent a powerful countervailing interest, protection. Lassiter v. Department of Social Services, 452 U.S. 18, 27 (1981).

Point 20: (state how the below law applies to your case!)
Authority 20:
Constitutional Rights law.
Amendment IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Point 21: (state how the below law applies to your case!)
Authority 21:
ARREST WARRANTS
A warrant for an arrest is a process issued by a court. It may be executed on any day of the week and at any hour of the day or night. The policeman must tell you that he is acting under the authority of a warrant. He also must show you the warrant, if you ask, and give you a chance to read it either at the time of the arrest, if it is in his possession, or as soon as he obtains it.

Point 22: (state how the below law applies to your case!)
Authority 22:

CITIZENS ARREST
A citizen may arrest you without a warrant if you have committed a felony in fact or if you have committed a non-felony in his presence.
He must tell you the reason for the arrest unless that is impractical to do. If you are arrested by a private citizen you
must be taken before a judge or turned over to a policeman "without unnecessary delay." Any Violation of the above named Federal Laws constitutes a felony. The below persons did witness and swear under oath and affirmation that the felony was committed in their presents and that the person (s) so named here are entitled to the arrest and trail for said

felony(s)
Name of person_________________________________________________
Committed _________________________________________________Felony,
on this date______________ and Time_________________.

Print Name: _________________Witnessed Print: _____________________
Signature____________________________________________Date___________
Print Name: _________________Witnessed Print: _____________________
Signature____________________________________________Date___________
Print Name: _________________Witnessed Print: _____________________
Signature____________________________________________Date___________