Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

CA7: CPS worked showed enough PC for exigent removal of child

By John Wesley Hall, Jr.

There was probable cause for a removal of a child from the home because of an alleged imminent danger. The caseworker’s own deposition did not help her on that point, but the court found the risk of danger sufficient. Siliven v. Ind. Dep't of Child Servs., 2011 U.S. App. LEXIS 5140 (7th Cir. March 16, 2011).* Defendant’s broad challenge to his search warrant after his guilty plea failed. State officers don’t have to comply with Rule 41, the failure to knock-and-announce was excusable here, and wouldn’t lead to suppression anyway. Usually, the failure to file a suppression motion is tactical. Here, it would have failed anyway. Hegmon v. United States, 2011 U.S. Dist. LEXIS 25873 (S.D. W.Va. February 18, 2011).* In an immigration “sweep” at Omaha Steaks in Omaha, of all places, an undocumented worker who volunteered her documentation was in her car and walked with the police to the car should voluntariness of consent...continue to full post

Full post as published by Fourth Amendment on March 18, 2011 (boomark / email).