CPS Must Comply with 4th Amendment

http://www.aclutx.org/article.php?aid=396

ACLU, Texas Eagle Forum, Liberty Legal Institute and Others File Joint
Brief Arguing CPS Must Comply with 4th Amendment

Austin, TX - Today, the American Civil Liberties Union Foundation of
Texas joined with leading conservative and libertarian organizations to
file a brief with the U.S. Court of Appeals for the Fifth Circuit in
support of the Gates family, in a case involving a warrantless raid of
the Gates home and seizure of their children by the Defendants, Texas
Department of Family and Protective Services (CPS) and Fort Bend County
Sheriff's Office.

The Gates' children were taken by Defendants from their home in a jail
wagon at the conclusion of the raid on February 11, 2000 and scattered
to foster homes, before being returned to the Gates' the following
Monday after a court hearing.

The brief argues that Defendants violated the Gates' Fourth Amendment
right to be free from unreasonable search and seizures, their
heightened procedural due process rights triggered by their paramount
liberty interest under the U.S. Constitution to direct the upbringing
of their children, and their analogous rights as recognized by the
Texas Constitution. The brief also maintains that Defendants' routine
practice of conducting such warrantless seizures of children, even in
the absence of any immediate danger of physical abuse or emergency, is
contrary to Texas law.

Joining the ACLU as amici curae in filing this brief are the Texas
Eagle Forum, the Liberty Legal Institute, the Texas Home School
Coalition, and the Libertarian Party of Texas.

ACLU of Texas Executive Director Will Harrell stated, "The ACLU of
Texas is proud to join with prominent conservative and libertarian
groups in this important case. We don't always agree, but we do agree
that the Fourth Amendment requires probable cause and a warrant for
non-emergency searches and seizures, and that this interest is
particularly strong when the sanctity of the family is involved."

Harrell continued, "The ACLU and the other parties to the brief share a
concern that CPS, while having a legitimate purpose, regularly
oversteps constitutional bounds and that in our free society, there is
a dire need for a bright- line restriction on their ability to intrude
into the private lives and homes of Texans. The state can ensure that
children are not being abused without violating the constitutional
rights of their parents, and indeed the very children it seeks to
protect."

The brief is authored by Marc A. Levin, an Austin attorney and former
law clerk at the Fifth Circuit who is known for his commitment to
individual liberty. The Fifth Circuit is based in New Orleans and the
case is being appealed from the U.S. District Court for the Southern
District of Texas, Houston, Judge Lynn Hughes. The case is No. 06-20763
and is styled:

GARY W GATES, JR; MELISSA GATES ; Individually and as next friends to
Sarah Gates, Derodrick Gates, Travis Gates, Raquel Gates, Cynthia
Gates, Cassandra Gates, Timothy Gates, Andrew Gates, Alexis Gates, and
Marcus Gates; GARY WILTON GATES; GEORGE GATES; SCOTT GATES
Plaintiffs-Appellants,
vs.
TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES; ET AL.
Defendants-Appellees

To view the brief, please click here.
http://www.aclutx.org/files/GatesFif...CuraeBrief.pdf