CA9: Taking children from parents without exigency or court order violated 4A and right to family unity

When Arizona state social workers removed plaintiffs’ children from the home without judicial authorization and without a reasonable belief they were in danger or exigency, they violated plaintiffs’ rights to family unity and the Fourth Amendment. The right was clearly established and defendants get no qualified immunity. Walmart reported to CPS having developed some pictures of the children nude, but not being sexually exploited. The defendants had no evidence of sexual abuse in the family and no justification for taking the children without a court order. Demaree v. Pederson, 2018 U.S. App. LEXIS 1625 (9th Cir. Jan. 23, 2018).*

The Alaska State Trooper had probable cause to seize defendant’s bag at the Nome airport to obtain a search warrant. Defendant was flying to Stebbins, a local option community in Alaska that bans alcohol. An airline employee reported hearing a sloshing sound from the bag indicative of it carrying liquid. When asked, defendant said there was only clothes in the bag. Defendant had previously been convicted of providing alcohol to a minor and consumption as a minor. Importation to a local option community is a state offense. Pete v. State, 2018 Alas. App. LEXIS 29 (2018 Alas. App. LEXIS 29 (Jan. 24, 2018).*

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