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Sexual assaults of children is an exigent circumstance for their seizure and removal from the home

By John Wesley Hall, Jr.

Repeated sexual assaults of plaintiff's children were exigent circumstances for their seizure and removal from the home. Canter v. Reeves, 2008 U.S. Dist. LEXIS 35667 (E.D. Mich. May 1, 2008): The Court finds that the factual circumstances underlying this case amounted to exigent circumstances. Ro.C. was an 11-year-old girl who revealed that she had been sexually molested by her nephew by adoption and sexually assaulted by her adopted brother on multiple occasions, as recently as the previous evening. In light of the frequency of the assaults and their unwanted nature, the case presents a situation in which "real immediate and serious consequences ... would certainly occur were a police officer to postpone[] action to get a warrant." O'Brien, 23 F...continue to full post

Full post as published by Fourth Amendment on May 03, 2008 (boomark / email).