FBI violated my son's ADA rights

Discussion in 'American with Disabilities Act' started by deafbillsmom, Feb 4, 2011.

  1. deafbillsmom

    deafbillsmom New Member

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    Hi! I'm a hearing mom of a deaf son. He committed a crime and is waiting to be sent to Federal prison.
    The FBI came to his apartment and took his computer, but didn't have an interpreter with them. You know with all the SSI records, they KNEW he was deaf - they even printed out his Miranda rights! So why wouldn't they have an interpreter?

    He admits he did what he did, but he wants the FBI to have to pay for what they did - or didn't do.

    Can anyone give me some advise?

    Thanks!
     
  2. radioman

    radioman farming for love! Premium Member

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    first thing you need to do is talk to YOUR lawyer for advice.

    The rest is speculation so please nobody flame me as I am not experienced in any of this. I'd say that they must've had experience arresting deaf person before since they printed the miranda- on the other hand, they probably always have a copy with them since it must be worded word for word or they will lost case.

    Do you know if they have a sign terp in the interrogation room ? Was there any other issues like refusal to do paper form of communication by them? etc, etc.
     
  3. marcyp06

    marcyp06 Member

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    I know the cops here arent required to have a terp, they can offer written communication if they are going to arrest you. Could be the same with a warrant. Look into it tho for sure, talk to a lawyer with experience in the same area.
     
  4. Glenn

    Glenn New Member

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    ADA lawyers aren't as common as you might think. Contact NAD and they might be able to refer you to one if you want to go that route.
     
  5. Reba

    Reba Retired Terp Premium Member

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    I'm not sure an interpreter is required for a search warrant. A search warrant can be executed even if no one is present. It doesn't require permission from the people who are present.

    How to Execute a Search Warrant | eHow.com
     
  6. Reba

    Reba Retired Terp Premium Member

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    It would seem that if the FBI acquired the evidence wrongfully, the defendant's lawyer would have used that at trial in order to disallow the evidence. If the lawyer did not do that, then it seems that the warrant was executed correctly.
     
  7. deafbillsmom

    deafbillsmom New Member

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    Thanks for all the feedback and advice. I'll copy all the responses and send them on to my son. I appreciate your time!!
     
  8. Jiro

    Jiro If You Know What I Mean Premium Member

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    FBI has complied with your son's ADA rights.
     
  9. deafbillsmom

    deafbillsmom New Member

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    ::: SIGH ::: Thanks for your input, Jiro and all. We're just grabbing at straws at this point. Another issue is that he is being denied access to the use of a TTY in the state jail. I KNOW that's illegal!
    I appreciate all your thoughts.
     
  10. Jiro

    Jiro If You Know What I Mean Premium Member

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    I'm sorry but it sounds as if you're trying to find anything in this forum to get him off the hook by pointing out some ADA violation... good luck.

    Getting arrested by FBI and having his computer confiscated? Sounds like pedophile case? cyber stalking/bullying? fraud? Sounds like something serious so get a lawyer. seek legal advice from a lawyer, not forum. good luck.
     
  11. deafbillsmom

    deafbillsmom New Member

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    Hi. Yes - that's it.... pornography. I honestly don't think there's much we can do, but I'm not about to take away his hope. He asked me to post to get ideas, so that's what I did. He has already been sentenced. He's in the north awaiting transport to a federal prison in the south, but the snows keep coming. I understand the TTY question is entirely separate - it's just another problem for deaf prisoners. Since he has to be on the inside, at least he should be able to communicate. This part is a Civil Rights issue - won't do anything to his Federal sentence.
     
  12. Beowulf

    Beowulf Well-Known Member Premium Member

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    The only advice I can offer you is to tell your son to keep the reason for his incarceration a secret. Heck, if the others think that he is there for assaulting a police officer, he will have an easier time. I wish him good luck, and tell him to watch who he hangs around with.
     
  13. Anij

    Anij Well-Known Member

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    Not that it's any of our business, but since you mentioned it ... this is a case of adult pornography - or child pornography ??

    I'll defend someone's right to watch sexual acts of consenting adults but if this is a child pornography case - not only does it make me physically sick, I cannot fathom how a parent could "defend" or want to give "hope" to someone who personally takes advantage of ,abuses and violates children or watches others do so and gets pleasure from it. If they're pulling computers, it's not as if he "accidentally watched some underage porn, where the person was 17, not 18/21" ... it means there's likely thousands of pictures and videos of innocent little children who've been bullied/brainwashed into performing sexual acts for adults ... that's just revolting.

    Pedophiles are sick sick people - and honestly, I'm relieved that the FBI was able to get another one of them away from society.

    I understand as a parent it hurts that your child is in jail - however if this is kiddie-porn, then I'd urge you to picture how you'd feel if someone had taken your 3-8 year old son and forced him to have sexual contact with other children or adults ... how angry, upset, violated you'd feel yourself and how terrified you'd feel about what it "did" physically and emotionally/physiologically to your child
     
  14. jillio

    jillio New Member

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    They are only required to have a terp in the interrogation room if the defendent's attorney has requested one. Normally a request from the defendent himself has not followed proper procedure and will be ignored. They do not have to have a terp during an arrest or a search. A case can be lost if someone claims not to have been "Mirandized" and therefore, there is always a print copy immediately available to the officers in the case of a deaf perpetrator.
     
  15. jillio

    jillio New Member

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    NAD staff attorneys will review the case as she communicates it to them, and advise her as to which direction to go. That would be my recommendation, as well. And, if there is not a case, they will also tell her that and prevent her from dropping a ton of money on an attorney just to find out that procedure was followed.
     
  16. Jiro

    Jiro If You Know What I Mean Premium Member

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    He's already been sentenced? So that means the trial's over?

    and yes you're right - there's not much you can do now. He's had his day at court and he was found guilty of child pornography. Now he has to serve his sentence.

    I understand that no parents would want to see their child going to prison but in order for you to move on and to cope with it, you have to accept it and understand that your son has to pay for his crime. I don't know the detail of his crime but I'll assume he merely viewed child pornography from his computer. You do not have to explain because it's not important.

    As long as he maintains a good behavior and all... he can get a probation and be released from prison early for good behavior. Meanwhile - your son will be having a lot of time on his hand. Your son needs to stop wasting his time with getting out of jail by trying to find some ADA violation. Please tell him to use his time wisely and make a good use of prison library. Take educational courses too if prison offers it (ie. GED if your son never finishes high school).
     
  17. posts from hell

    posts from hell New Member

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    From what I read, it looks like procedure was followed. The judge threw that adage out.
     
  18. jillio

    jillio New Member

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    That was my take on it, too. Looks like a case of using deafness to justify criminal behavior.
     
  19. posts from hell

    posts from hell New Member

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    Yeah....

    A few credits away from a Masters, and claims not to know that it was illegal...

    The only problem I have with this is.. he's 60?
     
  20. whatdidyousay!

    whatdidyousay! Well-Known Member

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    Cops can't use anything against deaf or HOH if they not have an interpreter at the time of arrest!
    The OP need to talk a lawyer that understand the ADA Act.
     

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