An emergency family court order to take custody of children satisfied the warrant requirement of the Fourth Amendment. \u201cThe 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) (\u2018An order properly issued by a court pursuant to Texas Family Code \u00a7 262.102, which authorizes state courts to issue emergency orders to take possession of a child, [is sufficient] to meet the \u2018warrant\u2019 requirement.\u2019).\u201d Smith v. Tex. Dep’t of Child Protective Servs., 2019 U.S. Dist. LEXIS 127738 (S.D. N.Y. July 31, 2019).<\/p>\n
Defense counsel did, in fact, make the only viable challenge to the state\u2019s case: the validity of the search warrant, and lost. Counsel wasn\u2019t ineffective. State v. Lambert<\/a>, 2019 Del. Super. LEXIS 358 (June 27, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":" An emergency family court order to take custody of children satisfied the warrant requirement of the Fourth Amendment. \u201cThe April 6, 2017 order is equivalent to a warrant satisfying the Fourth Amendment. See Gates v. Tex. Dept. of Prot. & … Continue reading