Daghrib Shaheed, et al. v. Stephan Kroski, et al.
FourthAmendment CriminalProcedure Privacy
Is a civil New York State Family Court Investigation Entry Order the equivalent of a search warrant?
QUESTIONS PRESENTED 1. Is a civil New York State Family Court Investigation Entry Order the equivalent of a search warrant, thereby authorizing the police to use force to entry a citizen’s private dwelling, when there is not probable cause to believe that a crime has been committed, there is no consent to enter, and there is not an exception to the Fourth Amendment Warrant Requirement — in the form of an emergency or exigent circumstances. 2. Are the Respondent Police Officers entitled to qualified immunity after forcibly entering the Petitioners’ dwelling, with a civil New York State Family Court Investigation Entry Order; and, Respondent Police Officers failed to adhere to the New York State statutory mandate, that requires law enforcement officers to obtain a search warrant — from a New York State Criminal Court — prior to entering the premises where a child or children are believed to be present, in relation to a civil Family Court Investigation Entry Order. 3. Is a civil New York State Temporary Child Removal Order a search warrant, that authorizes the Police to forcibly enter a private dwelling to search when there is not probable cause — as defined by Fourth Amendment jurisprudence — there is no consent to enter, and there is not an exception to the Fourth Amendment Warrant Requirement — in the form of an emergency or exigent circumstances. 1