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
Latest Conference: 2021-06-10
Question Presented (from Petition)

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.

Question Presented (AI Summary)

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

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