Legal Question in Constitutional Law in California

welfare checks

Is it against the 4th amendment for the police to break down your door under the guise of a ''welfare check''?

The welfare check request was innitiated by the ex-boyfriend who is the father of a 2 year old. He has been out of the picture for the last 6 months after being thrown out due to three domestic violence charges. He suddenly reenters the picture and requests the police to do a welfare check on the children. The police knock on my daughters door at 9pm. She refuses to let them in and they return with reinforcements and break down the door to her arartment. Where is the reasonable cause here?


Asked on 11/15/07, 2:00 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: welfare checks

This does sound like a violation, but I would need to know more about the father's statement to the police before I could offer a firm opinion. If he merely asked them to see how the child is doing (and if the police saw nothing at the scene to suggest there was an emergency) then their actions were not justified. But if he was more specific and gave them good reason to think the child was in danger, then the law may well support their actions.

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Answered on 11/15/07, 2:25 pm


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