Page 50 - TPA Journal March April 2019

intervention necessary to protect the children fact that, once they found the baby later that day
involved. at another residence, Ross wanted to get the baby
drug tested before the baby was seen by a doctor.
Francis went with Ross to the Highway 69 S. It was established that there were in fact drugs in
home to assist her in this investigation. the baby’s system. Francis believed, however, that
• After the two members of the Hunt County the baby needed to see a doctor first.
Sheriff’s Office broke down
the door and made sure nobody was in the home, The next witness was Sandra Balderas, the Region
Ross entered the home. Francis stayed outside for 3 Training Academy Manager for the Department
“several minutes,” then went into the home. of Family and Protective Services. Balderas
testified to the following:
• She went into the bedroom where Ross and one • She has been employed at the Academy since
of the deputies were searching. They had flipped 2008, and she has been the Manager since 2012.
the mattress (which had a bodily fluid and blood
stains on it), and had been looking at a journal and • The Academy Manager “schedules trainings,
a calendar. insures the fidelity of the training, and that the
trainers are training the correct formats provided
Francis said that she felt like the things they were from the State office, and anything else that
looking at in the bedroom were helping them in comes up regarding training.”
their search for the child. • Balderas said that the Academy provides
• Then they went into the kitchen, and Ross training to employees and potential investigators
“instructed the officer that was helping us to grab on Fourth Amendment, civil rights, and search
a crock pot or a pot down from – it was either and seizure.
up on a shelf or up on the fridge, to look in that.”
• All of the new hires take a computer based
• Francis testified that she did not feel that the training labeled “4th Amendment Training.” They
search of the kitchen was authorized by the Order attend a class taught by an attorney that only
because they were “no longer looking for the covers the Fourth Amendment. In addition, the
baby.” legal aspects of the Fourth Amendment are
worked into all of the training classes on how to
• Francis felt it necessary to report that to investigate.
Reynolds, Ross’s supervisor, and to Rochell
Bryant, Francis’s supervisor. Balderas said that, according to Ross’s transcript,
she completed Basic Skills Development, which
On cross-examination, Ross’s attorney questioned includes some Fourth Amendment training.
Francis about whether the significant amount of
blood that they found on the mattress and in the She also completed, on July 10, 2008, a computer
bedroom could have been there because the baby based training entitled “CPS and the 4
had died. He also suggested the possibility that if Amendment, Respecting th the Rights of
the baby had died it could have been hidden Families.” Ross also completed “Basic Skills
somewhere in the kitchen, such as in the crock Development for CPS Investigators,” which was a
pot. Francis was not agreeable to these specialized investigation block of training that
suggestions. Francis believed that Ross was included the Fourth Amendment and she completed
concerned about gathering information about “CPS, the 4th Amendment, Respecting the Rights of
Hunt’s drug use. Francis also took issue with the Families” again on November 4, 2008.
• Balderas also testified that, in order to reenforce

March/April 2019 www.texaspoliceassociation.com • 866-997-8282 39