The fact scenario is simple. You didn’t violate any of the rules of the road, but the officer in the squad car behind you ran your plate and your license came back revoked. You were pulled over. Your child was properly secured in her car seat in the back seat. When you were asked if you knew that your license was revoked, you were shocked. You had no idea. Now the nightmare begins. You were taken into custody, and DHS was called to take custody of your two-year-old daughter.
Your revocation
At the station, you learn that your license was revoked for an eyeglass restriction violation. Yes, you got pulled over for speeding awhile back, but you didn’t have your glasses on. Rather than give you a speeding ticket, the officer was a nice guy and cited you for an eyeglass restriction violation. He knew you’d get revoked for that. You didn’t. You paid the ticket and moved across town. Apparently the revocation notice hadn’t made it over there yet from the post office. You never had problems with the police before in your life, and you never dreamed that DHS would become involved with your child.
Abuse or neglect
If a police officer has a reasonable belief that a child is being abused or neglected, they’re required to notify DHS. What comes to issue in this case is whether your child appeared to be a victim of abuse or neglect when you got stopped. She was properly secured and restrained in a child safety seat in the back seat of your car. She was clean, dressed well, and she showed no signs of being physically abused or malnourished. There was no connection between your license status and the safety of your child.
The officer’s discretion
It’s within a police officer’s discretion whether to stop somebody or not. The officer probably did the right thing in making the traffic stop, but during that stop he also ran a warrant check that came back clean. He knows you’re a housewife rather than a habitual criminal. He was also able to perform a visual assessment on your child who appeared to be well taken care of. His belief that your child might be a victim of abuse or neglect was unreasonable. There were better ways this could have been handled.
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