· 5/11/2000
Wooley v. City of Baton Rouge
Citations
- 211 F.3d 913
- 2000 WL 562280
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that Supreme Court constitutional jurisprudence has long clearly established that the right to be free from unreasonable seizures requires the presence of either a warrant or probable cause
- explaining that although defendants conceded that they lacked a warrant or probable cause, the panel must remand for defendants to provide record evidence of the importance of the governmental interest
- finding that mother's and child's due process rights not to have state deprive mother of custody absent court order or emergency circumstances were clearly established in 1995
- stating that Fourth Amendment standards apply in both criminal and civil contexts
- explaining that although defendants conceded that they lacked a warrant or probable cause, the panel must remand for defendants to provide record evidence of the importance of the governmental interest
- noting that a warrant, probable cause, or a reasonable belief that a child is in imminent harm is necessary to justify a seizure of a child under the Fourth Amendment
Source: CourtListener parenthetical corpus (CC0).
Judges: Politz, Stewart, Little
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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