Daghrib Shaheed, et al. v. Stephan Kroski, et al.
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.
Is a civil New York State Family Court Investigation Entry Order the equivalent of a search warrant?