What is the test for a parent's Fourteenth Amendment right of familial association against a police officer seeking to enter the home of a suspect child?

MultiRegion, United States of America

The following excerpt is from SR v. Cnty. of San Diego, CASE NO. 15cv0138 JM(RBB) (S.D. Cal. 2016):

Of course, an unconstitutional entry into one's home constitutes "paradigmatic" action under the Fourth Amendment, Michigan v. Tyler, 436 U.S. 499, 504 (1978), whether to obtain evidence or to remove a child from suspect circumstances. Where such an unconstitutional invasion is associated with the unwarranted removal of a child, the parent may argue, with great force, that his Fourteenth Amendment rights of familial association are clearly established. Where, however, the child's removal is from school rather than the home, the parent's right of familial association would appear to be leagues short of being clearly established.

Other Questions


What is the duty of a police officer to intervene when fellow officers violate the constitutional rights of a suspect or other citizen? (MultiRegion, United States of America)
What is the test for finding a violation of a Fourteenth Amendment right to familial relations generally based on a government actor's affirmative conduct that violates the right? (MultiRegion, United States of America)
Can a police officer enter a bedroom of a woman not suspected of gang activity while she was asleep in bed, enter the bedroom, place her in handcuffs at gunpoint and detain her in the bedroom while the search continues? (MultiRegion, United States of America)
Can a police officer be held liable for failing to intervene when a fellow officer violates the constitutional rights of a suspect? (MultiRegion, United States of America)
When a suspect is being pursued by police in a "hot pursuit" into the home of the suspect, what circumstances will police be able to enter without a warrant? (MultiRegion, United States of America)
Does section 117 of the New York State Constitution require termination of an open adoption where the biological parent, having consented to the adoption, has agreed to retain parental rights and to raise the child together with the second parent? ("New York", United States of America)
Does a police officer have a constitutional right under the first or fourteenth amendment to date someone against his department's orders? (MultiRegion, United States of America)
Can a police officer continue questioning a suspect under the Miranda rights until and unless the suspect clearly requests an attorney? (MultiRegion, United States of America)
Is there a valid Fourth Amendment, Fourteenth and Fourteenth Amendment claim? (MultiRegion, United States of America)
When a hearing officer disagrees with a decision made by the reviewing officer on the issues with which he disagreed with the hearing officer, how will the review officer's decision be considered? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.