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Criminal Law

: Fourth Amendment

SCOTUS cert grant: Does the Fourth Amendment guarantee family privacy in the interview of a suspected child abuse victim at school without a warrant

By John Wesley Hall, Jr.

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The Supreme Court granted cert yesterday and consolidated Camreta v. Greene (09-1454) and Alford v. Greene (09-1478) both from the Ninth Circuit. ScotusBlog's summary is here. The Ninth Circuit held in Greene (posted here) that interviewing a potential child abuse victim at school violated family privacy. Greene's question presented from the cert petition: Does the Fourth Amendment require a warrant, a court order, parental consent, or exigent circumstances before law enforcement and child welfare officials may conduct a temporary seizure and interview at a public school of a child whom they reasonably suspect was being sexually abused by her father.

Full post as published by Fourth Amendment on October 13, 2010 (boomark / email).

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