What is the test for a social worker to obtain a warrant to remove a newborn baby from the mother while they are seeking an arrest warrant?

MultiRegion, United States of America

The following excerpt is from Kirkpatrick v. Cnty. of Washoe, 843 F.3d 784 (9th Cir. 2016):

We may evaluate the risks differently with the benefit of hindsight, but that is not the test. The test is whether well-informed social workers on the scene could reasonably believe that leaving the baby in the mother's control while they sought a warrant would put the baby at some risk of serious bodily injury or death. See Ryburn v. Huff , 565 U.S. 469, 132 S.Ct. 987, 992, 181 L.Ed.2d 966 (2012) (per curiam);

[843 F.3d 801]

Other Questions


Can a social worker be found to have violated a mother's constitutional right by removing her daughter from her home without a warrant? (MultiRegion, United States of America)
Does the government have to obtain a search warrant to search for evidence that the search warrant was obtained without a warrant? (MultiRegion, United States of America)
Can a child welfare worker obtain a warrant to remove a child against the mother's wishes? (MultiRegion, United States of America)
What is the current state of the law on arrest "across the threshold" of a residence where the arrest warrant requires a person to close the door to prevent the arrest? (MultiRegion, United States of America)
When can a police officer rely on a search warrant or a warrant issued by the Office of the Attorney General for the purpose of obtaining an administrative inspection warrant? (MultiRegion, United States of America)
What is the test for obtaining a conventional warrant for a second search warrant based on information obtained from a surreptitious search? (MultiRegion, United States of America)
Is a state-issued wiretap warrant permissible to obtain communications that have been obtained without a search warrant? (MultiRegion, United States of America)
Can a search warrant obtained pursuant to a state warrant be suppressed if the initial state warrant is invalid? (MultiRegion, United States of America)
What is the impact of section 2.256(8) of the Criminal Code on the search warrant used to obtain a search warrant for a speech-gathering warrant? (MultiRegion, United States of America)
Can agents obtain a warrant for arrest without a warrant? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.