Supreme Court justices doubt need for warrant in child abuse cases

The high court has not yet ruled but seems to be leaning toward overruling an appeals court decision that investigators need a search warrant before taking a child out of class for questioning.
By David G. Savage, Washington Bureau
March 2, 2011
LA Times

http://www.latimes.com/news/nationworld/nation/la-na-court-children-20110302,0,1380983.story
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Court may not make ruling on child abuse case
Tue Mar 1, 3:02 pm ET
Associated Press

WASHINGTON – The Supreme Court indicated Tuesday that it may not make a decision about whether child social workers need warrants to talk to potential victims of sex abuse at school.

Justices said the young girl whose mother sued over her seizure at school is no longer a child and therefore the case is moot. During the oral arguments, she was referred to as S.G.

"There is no case or controversy between S.G. and the petitioners," said her lawyer, Carolyn Kubitschek.

"Then why are you here?" Chief Justice John Roberts said.

....But now that the girl is over 17, and does not have to worry about talking to child welfare officials again, this case is moot, justices said.

"It takes two to tango, and a case or controversy requires somebody on the other side who cares a fig about the outcome," Justice Antonin Scalia said.

Roberts and the other justices indicated that they may throw out the lower court decision without making a decision on whether it was correct. Justice Stephen Breyer also suggested the court could just say that it never should have chosen this case for review, which would leave the lower court decision intact.

Their decision will come before June. FULL STORY
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High court steps into muddle in case over police interview of child
By Bill Mears, CNN Supreme Court Producer
March 1, 2011 11:10 p.m. EST

Washington (CNN) -- When a majority of the Supreme Court wonders at oral argument what one of the attorneys is doing there -- and, indeed, what they are doing there -- you know someone's in trouble.

The justices expressed confusion and frustration Tuesday during oral arguments over key procedural questions, and whether they should tackle the larger, emotionally divisive dispute before them: When can children be interviewed about sex abuse allegations without a warrant and without parents present?

"Why are you here?" asked Chief Justice John Roberts of the lawyer for the family that sued local officials. The family did not want to argue key questions in the case, and Roberts wondered, "Why didn't you just go away?" FULL STORY

It behooves me to point out that the family had ALREADY WON in the Ninth District court, and it was the State of Oregon that appealed to SCOTUS.