DFPS Memorandum and the Gates Case

The Memo give two reasons why the Gates case is important.

A)affects weather u can transport or enter a home B) if the case falls through the staff who removed the child can be sued 2. Look at the definition of Exigent Circumstances A)is reasonable cause to believe the child Is an Immediate danger 3.Look at the definition of Imminent Danger A) life or limb Is an Immediate danger and abuse Is about to occur 4. Look at the questions to ask before removing a child without a court order A)l’s the child at risk of getting harmed during a court order B)how immediate is the danger to the child C)how frequent does the abuse seem to appear D)how strong is the evidence to support the allegations E)is there another way to ensure the safety of the child short of removal F)how traumatic will the removal be to the child 5.Look at the three examples on page 6. 1 may prepare one or two similar examples? they will be close to these but not exactly the same. 6. What are the Implications of this memo and the court case If only one child In the home Is determined to have been abused? A)you can only remove the child that Is being harmed 7.

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What if there is evidence that the child has been sexually abused but there is no reason to believe the child is in immediate danger of being sexually abused if the child returns home?A) you have to leave the child and go to the court to get the right to remove the child Pay attention to the implications of the court decision for peace officers. A)elf a peace officer believes to think the child Is an Immediate danger they have a eight to enter without a warrant 2. Can peace officers enter and CAPS caseworkers still be refused?must caseworkers Identify themselves as caseworkers If they are with peace officer? A)yes, the peace officer has to identity themselves upon entering the home 3.

I peace officers, caseworkers, or the agencies liable even though the court determined was they did in the Gates situation was improper? This is a KEY part of the decision. A)because if they don’t know they can not be held responsible 4. The caretaker consented to the entry of peace officers and the caseworkers. When the owner came mom he told them to leave.

They did not leave. What did the court rule should be the constitutionally derived policy in this type of situation in the future? A) the court says the owner of the house tells you to leave you have to leave 5.The court stated several times that a standard that for the state to make a search without a court order (an administrative or criminal search) in cases of suspected or reported child abuse what must be in immediate danger– life And remember the word “immediate. ” 6. Look on page 21 of the case. Iii.

Special Needs limb A)if a car is parked in h. s. And someone says there’s a gun on the seat you have the right to search that vehicle due to protect the safety of others What is the standard to be applied for a warranties search?See page 23 last paragraph. Why did the special needs doctrine NOT apply in the Gates case? Hint?it was not separate from what? A) it was not separate from law enforcement Keep in mind how the Gates case ruling affects both law enforcement and CAPS, and their working relationship. NOW, I have tried to give you guidance in studying this material.

‘ will seek to stick to what I have outlined above when preparing questions.