Zelda Ware v. City of Atlanta, Georgia, et al.
Privacy
Whether a court order directing a state agency to pick up a child is the functional equivalent of a search warrant
Questions Presented 1. Whether, consistent with the Fourth Amendment to the United States Constitution, a court order directing a state agency to pick up a child is the functional equivalent of a search warrant, such that a law enforcement officer, acting on behalf of an employee of the agency may barge into a home and search without permission. 2. Whether a law enforcement officer and his employer may assert qualified immunity against a Fourth Amendment violation, where the ) facts which must be accepted as true on a motion for summary judgment, show that the law enforcement officer “barged” into Petitioner's home and began searching her home, purportedly for her grandson, without her permission; that when Petitioner told the officer . that the child was not there and was with her daughter, the officer threatened to arrest her unless she “g[ot] her daughter on the telephone”; that Petitioner complied with his request, but he nevertheless “aggressively grabbed [her], twisted her arm and shoulder and placed her in handcuffs,” which caused an injury to her shoulder; and that the officer subsequently removed the handcuffs and left. i