AccessMyLibrary provides FREE access to over 30 million articles from top publications available through your library.
Create a link to this page
Copy and paste this link tag into your Web page or blog:
Parents win neglect case.(Making A Difference)
At about 7 a.m. on September 9, 1999, Mary Ann Stumbo of Kings Mountain, North Carolina, was about to dress her two-year-old daughter, Joani, when the child began chasing the family's new kitten. Moments later, the pet scampered outside, with the little unclothed "streaker" in pursuit. The toddler's absence was not immediately noticed, but within two or three minutes an older brother brought her back into the house.
A passerby who had observed the "naked, unsupervised" child in the driveway called the Cleveland County Department of Social Services (DSS). Within two hours, DSS investigator Tasha Lowery was knocking at the door of the Stumbo residence, demanding to interview the children in private.
Mrs. Stumbo tried to explain what had happened, but to no avail. She and her husband, James, were willing to be interviewed by themselves or with the children, but when Ms. Lowery continued to insist that she be allowed to interrogate the children privately, Mrs. Stumbo called the Home School Legal Defense Association (HSLDA) for help. She was told to deny Ms. Lowery's request, since there was no probable cause for either entering the home or conducting private interviews with the children.
Ms. Lowery did not press the issue further and left, but DSS subsequently filed a "Petition to Prohibit Interference with or Obstruction of Child Protective Services Investigation" in District Court for Cleveland County.
A hearing on the petition was held on September 27, 1999. On January 25, 2000, District Court Judge Anna Foster ruled that a child neglect ...
- NORTH CAROLINA COURT OF APPEALS ISSUES OPINION REGARDING STATE OF NORTH...
- News wire article from: US Fed News Service, Including US State News July 26, 2009 700+ words
...RALEIGH, N.C., July 21 -- The North Carolina Court of Appeals issued the following opinion: STATE OF NORTH CAROLINA v. MARCUS ANGELO WILSON Guilford...Defendant was not seized under the Fourth Amendment and affirm the trial court's...
- North Carolina Casino Boat Ban May Hit Shoals.
- Newspaper article from: Knight Ridder/Tribune Business News Dube, Jonathan January 25, 1999 700+ words
...then during its cruise briefly docked a few miles away in North Carolina, the state might not be able to ban such journeys because...would apply to the casino boats. The law, based on the Fourth Amendment's prohibition against unreasonable seizures, could require...
- Fourth Amendment - must police knock and announce themselves before kicking in...
- Magazine article from: Journal of Criminal Law and Criminology Josephson, Mark June 22, 1996 700+ words
...with a search warrant violates the Fourth Amendment.(2) This question had been left...a search warrant will violate the Fourth Amendment.(4) The Court's holding was...forced entry is merely a factor in a Fourth Amendment reasonableness determination.(6...
- The Fourth Amendment and traffic stops: bright-line rules in conjunction with...
- Magazine article from: Journal of Criminal Law and Criminology Mendelsohn, Aaron H. March 22, 1998 700+ words
...voluntary.(2) The Court held that the Fourth Amendment does not require the application of...constitutions, rather than on the Fourth Amendment of the United States Constitution...ORIGINS AND APPLICATIONS OF THE FOURTH AMENDMENT The Fourth Amendment of the United...
- Kaupp v. Texas: breathing life into the Fourth Amendment.
- Magazine article from: Journal of Criminal Law and Criminology Robinson, Denise March 22, 2004 700+ words
...States Supreme Court held that the Fourth Amendment was violated when police officers...illegal seizure, thereby reaffirming Fourth Amendment jurisprudence protecting citizens...of a reasonable seizure. While the Fourth Amendment applies to both searches and seizures...
- Mere platitudes: the "Domino Effect" of school-search cases on the Fourth...
- Magazine article from: Iowa Law Review Lynch, Matthew January 1, 2006 700+ words
I. INTRODUCTION II. ONE FOURTH AMENDMENT BEYOND THE SCHOOLHOUSE GATE, ANOTHER WITHIN IT A. SEARCHES UNDER THE FOURTH AMENDMENT 1. Pre-T.L.O. Principles 2. The Fourth Amendment After T.L.O.: The "Special Needs" Exception and...
- The fourth amendment and new technologies: constitutional myths and the case...
- Magazine article from: Michigan Law Review Kerr, Orin S. March 1, 2004 700+ words
...CONTENTS INTRODUCTION I. THE FOURTH AMENDMENT AND THE DEFERENCE NORM...Property Law and the Fourth Amendment B. Katz v. United States...and Kyllo E. Why the Fourth Amendment Alone Cannot Protect Privacy...
- Privacy at Risk: The New Government Surveillance and the Fourth Amendment.(Book...
- Magazine article from: Michigan Law Review Kerr, Orin S. April 1, 2009 700+ words
...NEW GOVERNMENT SURVEILLANCE AND THE FOURTH AMENDMENT. By Christopher Slobogin. Chicago...Justices have set their eyes on the Fourth Amendment: They want to design a new Fourth Amendment that will match their civil libertarian...