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Mar 2, 2009

It is unlawful for the agent to coerce entry into your home by threatening or intimidating you. Federal courts are increasingly finding for parents who sue state agents for coerced entry. The 9th Circuit recently ruled:

Any government official can be held to know that their office does not give them an unrestricted right to enter peoples' homes at will.

[It is] settled constitutional law that ... police could not enter a dwelling without a warrant even under statutory authority where probable cause existed. The principle that government officials cannot coerce entry into people's houses without a search warrant ... is so well established that any reasonable officer would know it.

…appellants' claim, that "a search warrant is not required for home investigatory visits by social workers," is simply not the law.

[N]owhere is the protective force of the fourth amendment more powerful than it is when the sanctity of the home is involved. … Therefore, we have been adamant in our demand that absent exigent circumstances a warrant will be required before a person's home is invaded by the authorities."

Calabretta v Floyd 189 F.3d 808 (9th Cir. 1999)

In the above case, a social worker and police officer coerced entry into the Calabretta home by threatening to break the door down. Even though the mother ultimately opened the door and allowed them to enter, she did so by coercion which is unlawful. Thus, the agents were held personally liable.

We recommend that you print the highlights of this case and other "warrantless entry" cases to hand to government agents who attempt to coerce entry into your home. You may find these cases on the CPS Watch
caselaw page.

Visibility: Everyone
Posted: Monday March 2, 2009, 6:34 am
Tags: home change law case reform cps threat invasion dcfs intimidation [add/edit tags]

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Christopher R. (0)
Sunday March 22, 2009, 6:15 pm
I totally agree... you discuss the common sense that the world doesn't see

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Geri M.
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