Asked in Juvenile Law and Civil Rights for Tennessee

Q: Under my 4th amendment Rights can a juvenile court person enter my home without a warrant

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1 Lawyer Answer
Mr. William Ray Glasgow
Mr. William Ray Glasgow
Answered
  • Juvenile Law Lawyer
  • Memphis, TN

A: If exigent or particular circumstances make it necessary to enter your home on an emergency basis, such as to prevent harm to a child or stop a crime from being committed, then the answer is yes.

Usually the person that enters a home is a representative from the Department of Children's Services, but i suppose a "juvenile court person" acting under color of law can do the same, as could a police officer or other state actor under certain circumstances. The 4th amendment protects against "unreasonable" searches and seizures. A warrant cannot be expected to apply in every case. If you believe the party that entered your home against your will did not have just cause to do so, contact an attorney experienced in criminal and/or civil rights matters.

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