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CPS
WATCH
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The
9th Circuit Rules for Families
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Two
recent rulings favor family rights over government intrusion
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| Two recent federal court rulings establish clearly the
rights of families to be free of unwarranted government intrusion
into their daily lives. The rulings further established that government
officials may be held personally libel in a court of law for overstepping
their authority and trampling the sanctity of the family. |
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| In the first case, Calabretta vs. Floyd, a social worker
and police officer coerced entry into the Calabretta home by threatening
to beat the door down if the mother refused to let them in. Once in
the home, the social worker questioned the family's 12 year old daughter
outside the presence of her mother and strip searched her 3 year old
sister. |
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| The court upheld that in the absence of "exigent
circumstances", a government official may not enter a home
with out a search warrant, specifically stating, "Any government
official can be held to know that their office does not give them
an unrestricted right to enter peoples' homes at will." And that
families have a "well-established right to privacy from inspections
by social workers." |
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| An important part of this case is the fact that the
social; worker and the police officer were held personally liable
for their actions. They couldn't hide behind their position. |
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| CPS watch urges families to keep a copy of this case
near the door. If a social worker or a police officer tries to enter
your home without a search warrant,give them a copy of this case,
pointing out that they may be held personally liable forcoercing or
forcing entry into your home. They will consider their actions more
carefully when made aware of the fact that their agency won't be able
to bail them out if they violate your rights. It is one thing to think
the agency may be sued or may even fire you, it is quite another thing
to think you personally may lose your home or be ordered to pay a
substantial amount of damages. |
| To read and/or print the full decision |
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| In the second case Wallis vs City of Escondido, a relative
in a mental facility phoned police claiming the family planned to
sacrifice their son to Satan on an upcoming cult holiday. Without
conducting further investigation, police removed the families two
children without a court order and placed them in a county run facility. |
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| Several days later, without obtaining judicial authorization
and without notifying their parents, police took the children to a
hospital for the performance of highly intrusive anal and virginal
physical examinations. |
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| The court upheld that the police didn't have reasonable
cause to remove the children without an investigation or a court order.
Further more, in the absence of court order, parental permission is
required to take children for a physical exam. |
| To read and/or print the full decision |
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| NOTE: Calbretta Vs Floyd case citation in the 9th Circuit
Court of Appeals docket number 97133585. Wallis Vs City of Escondido
case citation in the 9th Circuit Court of Appeals, docket number 9755579.
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