Fight Social Services with the 4th Amendment

It is vitally important that all families understand that Fourth Amendment freedoms can and should be safeguarded. The Fourth Amendment of the U S Constitution was adopted by the convention of states on September 17, 1787.

The Fourth Amendment guarantees that-

”the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

If you are ever approached by anyone from social services, keep in mind that regardless of what they say, most of them are certainly not there to “help” you. They may appear “nice” and “helpful,” but never lose sight of the fact that most of these individuals usually “believe” the anonymous allegations reported against a family.

If a social service representative arrives at your home with an order to investigate, ask to see their search warrant and court order. Call your attorney immediately and read the order to them. If you are unable to reach your attorney, keep the order, or ask for a copy and politely tell the social worker that you will not talk to them without your lawyer being present.

You are not required by law to talk to any of these people, so don’t.  (As of June 1, 2010, now you have to TELL them you are going to remain silent”, not that they know any law whatsoever)

Never invite a social service representative into your home. If they have gained entrance before you learn why they are there, ask them to leave. If they do not leave, call the police and request that they be removed for trespassing.

The social worker OR the accompanying police officer may threaten you with arrest for “obstruction of investigation” or something like that, or they may claim the state has passed a “law” requiring you to let them in.  This is a bald-faced LIE.

In the unlikely case that there is such a new “law” in your state, that law would be repugnant to the Constitution of the United States, Fourth Amendment, and violation by the agency OR the police (if present) would be the basis of a Title 42 USC Section 1983 action, for which they would NOT enjoy “immunity” according to CALABRETTA v FLOYD.

Further, they DO have to get a VALID search warrant-

See Walsh vs. Erie County Department of Job and Family Services, Case No.3:01CV7588

In a forceful opinion, US District Judge James G. Carr wrote:

“Despite the Defendants’ exaggerated view of their powers, the Fourth Amendment applies to them, as it does to all other officers and agents of the state whose requests to enter, however benign or well-intentioned, are met by a closed door.

There is…no social worker exception to the strictures of the Fourth Amendment.

…Any agency that expects to send its employees routinely into private homes has a fundamental obligation to ensure that those employees understand the constitutional limits on their authority.”

The caseworkers in the Walsh case admitted they had never been taught anything about the Fourth Amendment or search warrants. THEY STILL AREN’T!

“The government’s interest in the welfare of children embraces not only protecting children from physical abuse, but also protecting children’s interest in the privacy and dignity of their homes and in the lawfully exercised authority of their parents.” -CALABRETTA v FLOYD 97-15385

“Governments have powers; individuals have rights. The Bill of Rights was an enumeration of those individual rights – from freedom of speech to freedom of religion to the right to bear arms – that are to be protected from the intrusion of an oppressive government.” -Investors Business Daily 6-28-2010

Get more information at American Family Rights Association