I Am Not Law Enforcement! Why the Special Needs Exception to the Fourth Amendment Should Apply to Caseworkers Investigating Allegations of Child Abuse

Authors

Lauren Kobrick, Benjamin N. Cardozo School of Law

Abstract

The note examines the application of the Fourth Amendment's special needs doctrine in child abuse investigations, advocating for the adoption of a primary purpose test to determine the doctrine's applicability. It critiques the inconsistent approaches across circuits and proposes this test to clarify when warrantless searches and seizures by caseworkers are constitutional, ensuring a balance between child protection and Fourth Amendment protections.

Disciplines

Constitutional Law | Criminal Law | Criminal Procedure | Fourth Amendment | Law | Law Enforcement and Corrections

Recommended Citation

Lauren Kobrick, I Am Not Law Enforcement! Why the Special Needs Exception to the Fourth Amendment Should Apply to Caseworkers Investigating Allegations of Child Abuse, 38 Cardozo L. Rev. 1505 (2017).
Available at: https://larc.cardozo.yu.edu/clr/vol38/iss4/7