CA6: Social workers subject to 4A, but these get QI

Social workers are subject to the Fourth Amendment. Here, they used a court order to enter plaintiff’s home. The order wasn’t clear on what information that brought it about or that it was particular. Nevertheless, the social workers get qualified immunity. “Because the presence of the court order meaningfully distinguishes this case from Andrews, a reasonable social worker in the position of the defendants would not have understood that he was violating the Clarks’ Fourth Amendment rights. Indeed, this case represents precisely the type of haziness that Andrews alluded to in this area of law.” Clark v. Stone, 2021 U.S. App. LEXIS 14921 (6th Cir. May 19, 2021).*

Defendant’s CSLI argument isn’t preserved, and defense counsel wasn’t ineffective for not anticipating Carpenter. People v. Cunningham, 2021 NY Slip Op 03195, 2021 N.Y. App. Div. LEXIS 3269 (2d Dept. May 19, 2021).*

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