An emergency family court order to take custody of children satisfied the warrant requirement of the Fourth Amendment. “The April 6, 2017 order is equivalent to a warrant satisfying the Fourth Amendment. See Gates v. Tex. Dept. of Prot. & Reg. Svs., 537 F.3d 404, 429 n.16 (5th Cir. 2008) (‘An order properly issued by a court pursuant to Texas Family Code § 262.102, which authorizes state courts to issue emergency orders to take possession of a child, [is sufficient] to meet the ‘warrant’ requirement.’).” Smith v. Tex. Dep’t of Child Protective Servs., 2019 U.S. Dist. LEXIS 127738 (S.D. N.Y. July 31, 2019).
Defense counsel did, in fact, make the only viable challenge to the state’s case: the validity of the search warrant, and lost. Counsel wasn’t ineffective. State v. Lambert, 2019 Del. Super. LEXIS 358 (June 27, 2019).*