nd Laura’s trial, the judge determined that White and Glidden had violated the Fourth Amendment when they forcibly entered the Hagans’ home without a warrant. “The State has not offered sufficient, if indeed any, evidence of an exception that would justify a warrantless entry,” the judge wrote in his ruling. The case against Laura and Jason was dismissed. HSLDA is representing the Hagans in a lawsuit against the two officers who attacked Jason and Laura and terrified their three young children in their own home. 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. The Fourth Amendment is a legal shield that protects people from exactly the kind of mistreatment the Hagans endured. - See more at: healthimpactnews/2014/cps-police-taser-handcuff-parents-enter-home-of-homeschool-family-without-warrant/#sthash.V7sHoIgT.dpuf
Posted on: Fri, 12 Dec 2014 08:08:08 +0000
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