CPS & Police Taser, Handcuff Parents: Enter Home of Homeschool Family without Warrant
The Fourth Amendment strikes a carefully crafted balance between a family’s right to privacy and the government’s need to enforce the law. In most situations, government agents cannot simply force their way into a home. Instead, they must explain to a neutral magistrate why they need to enter the home, and they must provide real evidence to support that need. This rule applies to all government agents. Court after court has agreed that there is no social services exception to the Fourth Amendment. All too often, law enforcement officers and child-welfare workers act as if the Fourth Amendment does not apply to CPS investigations. They are wrong.