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by briandear
595 days ago
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In the case of in-progress child abuse, that wouldn’t require a warrant as entry to prevent harm to a person is an exigent circumstance and falls under the Emergency Aid doctrine. If they found evidence or illegal items within plain view, that evidence would be permitted under the plain view doctrine. However, if they went and searched drawers or opened file cabinets, evidence discovered in that circumstance would not be allowed (opening a file cabinet isn’t required to solve the emergency aid situation typically.) What’s really fascinating is that Children Protective Services acts as if they never need a warrant even if there is not an exigent circumstance. To my knowledge there hasn’t been a Supreme Court case challenging that and circuits are split. Interesting reading about that if anyone is interested: https://family.jotwell.com/ending-cps-home-searches-evasion-... (The 4th Amendment is not limited to actual police BTW.) |
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