archives
Thursday, February 03, 2005
Fourth Amendment for All
Case 97-55579 filed 09/14/99 held that the City of Escondido in San Diego County, CA is liable for kidnapping and assualt when children are taken from the home without a warrant indicating probable cause during the investigation of alleged child abuse. http://www.ca9.uscourts.gov/coa/newopinions.nsf/Web+Search+Simple?OpenForm
California penal codes on mandated reporting
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=11001-12000&file=11164-11174.3
from http://www.caag.state.ca.us/childabuse/regulations.htm
Instead of subjecting children to an administrative procedure that lacks the force of criminal law, which would follow the usual Constitutional protections of the Fourth amendment requiring a search warrant, I propose that all allegations of neglect or abuse be treated as MEDICAL EMERGENCIES. A doctor's visit would be required, along with photographic evidence of injury or neglect.
California penal codes on mandated reporting
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=11001-12000&file=11164-11174.3
from http://www.caag.state.ca.us/childabuse/regulations.htm
Instead of subjecting children to an administrative procedure that lacks the force of criminal law, which would follow the usual Constitutional protections of the Fourth amendment requiring a search warrant, I propose that all allegations of neglect or abuse be treated as MEDICAL EMERGENCIES. A doctor's visit would be required, along with photographic evidence of injury or neglect.
