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· 7/31/2008

Gates v. Texas Deparment of Protective & Regulatory Services

Citations

  • 537 F.3d 404
  • 2008 WL 2875378

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that “the facts [did] not give rise to an ‘immediate danger’ supporting a warrantless entry into the Gateses’ house.”
  • holding that Fourth Amendment requirements were adequate to satisfy due process in case in which plaintiffs’ Fourteenth Amendment allegations “mirror[ed]” their Fourth Amendment claim
  • holding that process that satisfies Fourth Amendment standards is adequate to protect parents’ Fourteenth Amendment liberty interest in their child’s custody
  • holding that because a home visit “to investigate possible child abuse was not separate from general law enforcement, the special needs doctrine cannot be used to justify the warrantless entry”
  • holding Fourth Amendment governs social worker entry into home to investigate possible child abuse and considering and rejecting special needs exception in the same context
  • stating that “[w]arrantless searches of a person's home are presumptively unreasonable unless the person consents, or unless probable cause and exigent circumstances justify the search”

Source: CourtListener parenthetical corpus (CC0).

Judges: Wiener, Demoss, Prado

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.