Should Child Protective Services be allowed to search your home without a warrant if no clear danger to the children is evident?
the forced removal of their children unless they agreed to let social
workers, who did not have a warrant or probable case, search their home.
Social workers received a complaint about the Loudermilks children being in Danger. TWO MONTHS after receiving the complaint they decided to do a search. The Loudermilks refused them entry, asserting their legal right to be protected from unlawful search. They did allow the social workers to speak with each of the children.
Unsatisfied, the social workers demanded entry to the home. Here s a description of what followed: “For 40 terrifying minutes, this
homeschooling couple had asserted their Fourth Amendment right to be
free from an unreasonable search of their home. The two investigative
social workers were eventually joined by six uniformed sheriff’s
deputies who were called because the social workers considered the
Loudermilks to be ‘uncooperative.’”
It was social workers Rhonda Cash and Jenna Cramer who appeared at
the home unannounced and threatened to take the family’s five children.
“She (Cash) appeared to believe that her simple inability to
determine the children’s living conditions was sufficient grounds for
her to remove the children from their parents,” the petition to the high
court explained. That’s even though the social workers were allowed to
talk to the children to see that they were fine.
So Does Child Protective Custody have the right to search your home even after ascertaining that your children are unharmed?
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