A couple was arrested, and their infant was going with child protective services. An entry into the house with the CPS worker to recover the infant’s diaper bag was reasonable.United States v. Wright, 2017 U.S. Dist. LEXIS 72738 (N.D. Ala. March 13, 2017), adopted, 2017 U.S. Dist. LEXIS 72506 (N.D. Ala. May 12, 2017):
It is undisputed in this instance that the young child needed the diaper bag or diapers. Clifford indicated where the diaper bag was and allowed DHR to go to the house to retrieve it. (Doc. 29 at 50). Pursuant to policy and practice, Deputy Green accompanied the DHR worker, Holston, to Clifford’s residence. Their entry onto the carport was lawful. The court finds this to be reasonable under the Fourth Amendment in light of the circumstances, including that both Terry and Clifford were involved with narcotics, a shotgun had been found in Terry’s residence, the child was to be taken away by DHR, and the DHR worker needed to enter Clifford’s residence for the diaper bag without any idea of who or what was inside the residence.