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Social Workers and the Fourth Amendment

By James R. Marsh on June 20, 2005 6:59 PM | 4 CommentsTechnorati icon

It should come as no surprise that social workers and other child welfare workers are covered by the Fourth Amendment to the United States Constitution. What might be surprising is that the most conservative federal district courts are taking the lead in defining this new and rapidly evolving constitutional mandate, most notably the Tenth Circuit Court of Appeals (covering Wyoming, Utah, Colorado, New Mexico, Oklahoma and Kansas).

Applicable to the states through the Fourteenth Amendment's Due Process Clause, the Fourth Amendment provides: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated...." Because the Amendment focuses on safeguarding persons from unwarranted intrusion, and not on regulating the behavior of particular governmental actors, the prohibition against unreasonable seizures extends to civil, as well as criminal, investigations by the government.

A Fourth Amendment analysis is based on the totality of the circumstances in determining whether a reasonable person would have believed that he was not free to terminate an encounter with government. Some of the factors considered include:
1) the threatening presence of several officials;
2) the brandishing of a weapon by an official;
3) some physical touching by an official;
4) use of aggressive language or tone of voice indicating that compliance with an official's request is compulsory;
5) prolonged retention of a person's personal effects;
6) a request to accompany the official to the station;
7) interaction in a nonpublic place or a small, enclosed place;
8) and absence of other members of the public.


Should the Fourth Amendment apply to the day to day workings of social workers in child welfare investigations? Do social workers understand and apply this constitutional mandate in your jurisdiction? YES, AND NO.


JULIE AND HER COP/JACK BOOTED THUG WERE A THREATENING PRESENCE ON THE NIGHT SHE DEMANDED A PISS TEST. HE KEPT HIS HAND ON HIS GUN ON HIS HIP. THEY BOTH USED AGGRESSIVE LANGUAGE AND TONE OF VOICE INDICATING THAT COMPLIANCE FROM ME WAS COMPULSORY.

RUTH ANN MURPHY HAS NOT YET GIVEN ME BACK MY BIRTH CERTIFICATE, DRIVERS LICENSE, MARRIAGE LICENSE, MY CHILDRENS' BIRTH CERTIFICATES, ALL OF OUR SOCIAL SECURITY CARDS, AND COPIES OF OUR RECORDS THAT RACHEL RUNNELLS REQUESTED. THAT'S CALLED PROLONGED RETENTION OF A PERSONS EFFECTS.

THE INTERACTIONS WERE ALWAYS IN MY HOME, AND ALWAYS ABSENT OF ANY OTHER MEMBERS OF THE PUBLIC.


THESE ARE VERY CLEAR VIOLATIONS OF THE FOURTH AMENDMENT.



(These laws) should be rescinded to reduce DHS abuse and neglect inflicted upon children they manage to take into custody! POOR CHILDREN! They are not even told why they are taken into custody! Children think they've done something really bad or that somebody else has done something really bad! Then, they're given mind-altering drugs and/or counseling to help them 'recover' from the emotional pains inflicted upon them by the agency whose responsibility is to Protect Children.

Actually, in the majority of cases, it's DHS that has done something really wrong! It's like Judge Stuart said, "DHS has failed to help this family!" DHS takes great pride in NOT helping families! They are not given Bonus Money or Awards if they help a family. They're only given Bonus Money and Awards for destroying families, disabling little children.

California Appelate Judges J. Baxter and J. Kennard see DHS as it really is and included their conclusions in the Supreme Court of California Case Number S030556.

Something should be done to STOP the abuse and neglect DHS agencies force upon little children and families! SAVE the children! SAVE the families! RESCIND the ASFA and all relating laws that promote child abuse and neglect for Bonus Money and Awards!
When will our fellow citizens wake up and SEE what DHS/CPS is doing to our future generation?


Yes I believe that there should be an investigation into the DHS/CPS because they take children away from families without even doing their jobs correctly and following the Laws on the CONSTITUTION!!!!! Families should be FREE from them (DHS/CPS)intruding on our Rights to raise our children.

(These activities) are clearly Fraud, Waste and Abuse (FW&A) of our federal and state funds. DHS agents and their contractors are paid funds from OUR federal and state funds to dissect (cut apart to examine the inner workings of the structure or parts thereof) and pay additional contractors to make feable attempts to put the dissected members of the individuals back together in some sort of functional order.

Attempting to put the dissected children and/or their members of the family back together is called DHS Reunification!

It's insane! There's no way to reunify something that's been so inhumanely dissected. The memories (scars) will remain a part of those lives forever! Even the most specialized doctors cannot remove the horribly obvious scars in every life that's been dissected by DHS!

Why does DHS insist on dissecting members of a family unit? There's several reasons for their activities but they all relate to ONE obvious reason. The obvious reasons for dissecting a family unit is for (1) MONEY, (2) More MONEY, (3) Bonus Money and (4) Dissecting Performance Awards!

NOW, HHS/DHS wants faith-based organizations to take some of their ill-gotten BONUS MONEY to help them continue to dissect the family unit. They want the faith-based organizations to take part of the FW&A funds to pay for the care of the dissected children.

All the while, DHS agencies are busy promoting divorces rather than providing parenting assistance classes. If the family appears to not have, as determined by DHS agents, sufficient income to provide ALL of the needs of a family unit, the children are removed, taken into custody and FOSTER PARENTS given all the money needed to care for the children.

When will federal and state funds be used as American citizen THINK they should be used ... to HELP families in need? When will federal and state funds be used to help keep families united?

Legislators, read the FACTS! Stop FW&A of our state and federal funds!

Help families when they ask for help or when others see the family needing help! Stop dissecting children and families for BONUS MONEY from our Social Security Fund!

Oh, PLEASE, fellow American citizens and members of our Congress, do something FOR our future generation instead of FOR DHS agencies!

Read Luke 17:2-3 where the Holy Scriptures says in The Children's Living Bible, "If he were thrown into the sea with a huge rock tied to his neck, he would be far better off than facing the punishment in store for those who harm these little children's souls. I am warning you! Rebuke your brother if he sins, and forgive him if he is sorry."



It is far over due that someone take action to stop these people,but I'm asking whats to be done when the corruption goes way up the ladder of justice,and funds are lining these peoples pockets ,who do you turn to,who can you trust there definitely needs to be an up rising of the people.and a lot of America really isn't informed on whats happening,only the ones who have been touched and destroyed by these money hungry sons of bitches truly know what they are capable of, and by the time there done with you most people are broken mentally and financially and don't have much left to fight with. As we know the wheels of justice turn very slowly and even slower when some of these people in there judicial positions are being showered with the funds they generate.So as someone who has been tormented by cps for the last almost three years and has had a law suit pending for about the same amount of time and almost 100 thousand dollars later. PLEASE someone advise me on what else I can do to destroy these people and shut down cps.