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Administrative Searches — CHIPS Investigation

John Doe and Jane Doe v. Heck, 327 F. 3d 492 (7th Cir. 01-3648, 4/16/03)

Issue/Holding: “(T)o the extent § 48.981(3)(c)1 authorizes government officials to conduct an investigation of child abuse on private property without a warrant or probable cause, consent, or exigent circumstances, the statute is unconstitutional.”

Also see Michael C. v. Gresbach, 7th Cir No. 07-1756, 5/19/08: “Today we reiterate Heck’s definitive holding, along the lines of the Fourth Amendment principles outlined above, that it is a violation of a child’s constitutional rights to conduct a search of a child at a private school without a warrant or probable cause, consent, or exigent circumstances.”

 

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