S.D.N.Y.: Franks applies to court orders to remove children from home

In a child in need of services case, a well pled Franks violation can state a claim, but this one wasn’t. Grullon v. Administrator for Children’s Services, 2021 U.S. Dist. LEXIS 49614 (S.D.N.Y. Mar. 16, 2021) (recognizing rule; citing Estiverne v. Esernio-Jenssen, 833 F. Supp. 2d 356, 373 (E.D.N.Y. 2011)).

“It is undisputed that the police had probable cause to search Thompson’s vehicle. And his vehicle was parked in a public place for Fourth Amendment purposes, as Thompson does not claim that he had any reasonable expectation of privacy in the parking lot where his vehicle was located. Thus, the warrantless seizure and search of Thompson’s vehicle fell within the automobile exception.” United States v. Thompson, 2021 U.S. App. LEXIS 7727 (9th Cir. Mar. 17, 2021).*