Legal Question in Constitutional Law in Massachusetts

Fourth Amendment Rights in Family Court Cases

Do fourth amendment rights regarding unreasonable search & seizure apply in civil Family Court cases where the judge directs a probation officer to search a litigant's home for possessions that are being hotly contested by a husband and wife engaged in a divorce proceeding? Is a search warrant required? Is there case law in this area?


Asked on 12/14/01, 12:04 pm

1 Answer from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Fourth Amendment Rights in Family Court Cases

one of the more fascinating questions I have heard. On its face, this seems implausible. But to view the issue in its entirety, one would have to obtain the legal, procedural and factual history of this matter.

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Answered on 12/14/01, 9:36 pm


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