Tuesday, June 12, 2018

EDNY has established the same precedent as I've established for my clients in NDNY in March of 2015 - no warrantless searches based on child abuse/neglect investigations

In March of 2015 I have established for my three clients in federal court a precedent, where the court refused to give "qualified immunity" to social services for warrantless searches of a residence and a car.

On June 11, 2018 the same decision was made by the federal court in the Eastern District of New York in the case called Thompson v Clark - police officers were denied qualified immunity for a warrantless search of a residence and for beating up of a resident when the police came to a residence on a false child abuse report and broke down the door - since the resident refused to open the door without a search warrant.

So, in at least 2 federal districts out of 4 in the State of New York the police and social services may not search residences without a court order/search warrant.

I cover a lot of ground as to warrantless searches by social services and police and other criminal attributes of social services investigations in my published book "The Oxygen Mask Rule", the first book of its kind dedicated to defense of parents in child abuse and neglect proceedings in New York, and the first book in a planned series.

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