Child sex-abuse victim exam was unconstitutional: appeals court
11/18/2011
NEW YORK, Nov 18 (Reuters) - A family-court order directing a teenage girl to undergo a forensic medical examination for additional proof of sexual abuse violated the girl's constitutional protection against unreasonable search, a New York appeals court has ruled.
In a unanimous opinion published Thursday, the Appellate Division, Second Department, found that a family court already had "conclusive evidence of abuse" when it ordered the victim, identified as Shernise C., to submit to a medical exam two years after the alleged assault took place.
Given the evidence, the need for her to submit to a "highly intrusive physical examination is so diminished as to render the search unreasonable under the Fourth Amendment," wrote Justice Jeffrey Cohen. FULL STORY
The Fourth Amendment actually says- "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
So if kids really had their Constitutional Rights, CPS lying, fabricating crap out of thin air and kidnapping them for the phoniest reasons would be over with.
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