No. 20-7704

Daghrib Shaheed, et al. v. Stephan Kroski, et al.

Lower Court: Second Circuit
Docketed: 2021-04-09
Status: Denied
Type: IFP
IFP
Tags: 4th-amendment civil-entry-order civil-rights family-court fourth-amendment law-enforcement-procedure new-york-state probable-cause qualified-immunity search-warrant
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2021-06-10
Question Presented (AI Summary)

Is a civil New York State Family Court Investigation Entry Order the equivalent of a search warrant?

Question Presented (OCR Extract)

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

Docket Entries

2021-06-14
Petition DENIED.
2021-05-26
DISTRIBUTED for Conference of 6/10/2021.
2021-04-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 10, 2021)

Attorneys

Daghrib Shaheed, et al.
Lawrence Pierre LaBrewLaw Office of Lawrence LaBrew, Petitioner
Lawrence Pierre LaBrewLaw Office of Lawrence LaBrew, Petitioner