Are my constitutional rights infringed upon when a authorities tell individuals not to contact me regarding a possible child molestation charge?

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Are my constitutional rights infringed upon when a authorities tell individuals not to contact me regarding a possible child molestation charge?

A investigative report was filed naming me as a perpetrator in a child molestation. Department of Children Services had the mother of the child sign an agreement for me not to visit the family. Police told other members of the family not to contact me. I was told by police not to visit the family. I was questioned by police and took a lie detector test. I have not been charged with any crime. The incident occurred 8 months ago. Does this violate my First Amendment right to freedom of association?

Asked on December 13, 2010 under Criminal Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I understand that you feel that your rights here are being violated and I am not saying that you do not have a valid point on some of the issues raised, like the fact that you have not been charged with a crime as of yet but are only under investigation.  I think that what is happening is that the rights of the child are being weighed against your rights to contact - or Freedom of Association as you call it.  Asan aside, Freedom of Association is a freedom that is guaranteed through the First Amendment of the Constitution of the United States.  It is derived from our forefathers feelings of suppression in their right to assemble peaceably and associate with those that believed in what they believed in. But there is a caveat: the association must be based upon mutual consent.  That seems to be what may be lacking here. So I think that this right may not be being infringed upon.


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