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

Related Topics:
1 Lawyer Answer
Mr. William Ray Glasgow
Mr. William Ray Glasgow
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.