March 21, 2013

Child Protection Agency And Cops Attempt Warrantless Raid Of Home Over Family Picture Showing Exercise Of Constitutional Right

You know, of course, which of the rights found in the Bill of Rights was being exercised.

New Jersey police and Dept. of Children and Families officials raided the home of a firearms instructor and demanded to see his guns after he posted a Facebook photo of his 11-year-old son holding a rifle.

“Someone called family services about the photo,” said Evan Nappen, an attorney representing Shawn Moore. “It led to an incredible, heavy-handed raid on his house. They wanted to see his gun safe, his guns and search his house. They even threatened to take his kids.”

Moore was not arrested or charged.

A Dept. of Children and Families spokesperson told me they could not confirm or deny an investigation or raid had taken place due to government regulations.
“The department has a child abuse hotline for the state of New Jersey and anybody can make a call to that hotline,” spokesperson Kristen Brown said. “We are required to follow up on every single allegation that comes into the central registry.”

I’ve got no problem with the agency following up on an allegation – I’ve had to call such agencies a number of times over the years in my professional capacity and fully expect them to investigate the reports I’ve made. What I don’t expect, however, is for them to send armed police officers demanding to perform warrantless searches based upon a photo of a kid with a rifle when neither the photo nor the conduct depicted in it constitutes criminal activity or abuse/neglect of a child.

Of particular concern is this part of the incident.

The family’s trouble started Saturday night when Moore received an urgent text message from his wife. The Carneys Point Police Dept. and the New Jersey Dept. of Children and Families had raided their home.

Moore immediately called Nappen and rushed home to find officers demanding to check his guns and his gun safe.

Instead, he handed the cell phone to one of the officers – so they could speak with Nappen.

“If you have a warrant, you’re coming in,” Nappen told the officers. “If you don’t, then you’re not. That’s what privacy is all about.”

With his attorney on speaker phone, Moore instructed the officers to leave his home.

“I was told I was being unreasonable and that I was acting suspicious because I wouldn’t open my safe,” Moore wrote on the Delaware Open Carry website. “They told me they were going to get a search warrant. I told them to go ahead.”

The Fourth Amendment requires that government agents get search warrants before barging into homes and searching them. There has to be probable cause to get a warrant – and if officers do not have a warrant, it is perfectly reasonable for someone to refuse to permit a search. What’s more, refusal to voluntarily consent to a search can never rise to the level of probable cause that permits a search. As such, the officers in question were engaged in nothing short of intimidation of a law-abiding citizen.

By the way, why was there even a picture of the son with a rifle? Because the boy had just completed a hunter safety course and the proud father chose to memorialize the event with the photo he shared on Facebook. The rifle in question was a low caliber one – but even if it had been an AK-47 there would have been no legal grounds for doing more than making a basic inquiry because the gun is legal and the child holding it properly and safely under parental supervision is certainly legal.

On elast note – this incident shows one of the flaws in our laws on reporting abuse and neglect – the fact that reports can never lead to criminal or civil liability for the reporter. I understand the rationale for such immunity, but surely that immunity should not apply when the report is so clearly without merit as to bring into question the good faith of the reporter.

|| Greg, 02:31 PM || Permalink || Comments (2) || Comments || TrackBacks (0) ||

Trackback Information for Child Protection Agency And Cops Attempt Warrantless Raid Of Home Over Family Picture Showing Exercise Of Constitutional Right

TrackBack URL for this entry:
Listed below are links to weblogs that reference 'Child Protection Agency And Cops Attempt Warrantless Raid Of Home Over Family Picture Showing Exercise Of Constitutional Right'.

Comments on Child Protection Agency And Cops Attempt Warrantless Raid Of Home Over Family Picture Showing Exercise Of Constitutional Right

This seems like a definite Klan Act situation.

|| Posted by Fox2!, March 22, 2013 09:37 PM ||

There is so much here that is troubling I don't know where to start.

1) NO ONE should be able to make a call to Dept of Child Services that can be anonymous, completely without responsibility (even if proven false), and that can strip a family of a family member.

Whatever benefit was SUPPOSED to be garnered from that scenario is far outweighed by the possibility of misuse for political, personal, and bureaucratic reasons.

2) Any member of Child Services who shows up who won't idenitfy herself should be told by the police that she will NOT have back up. I STRONGLY suspect the police know ecactly who she is, but won't cough up a name.

She is apparently so provably wrong, even in her own little mind, that when the victim attempts to ask for her name she refused, and when he attempted to take her picture she fled.

You can't make this crap up.

3) So, while anti-second amendment folk will laugh at my analogy (I don't care):

Were the parents publishing the works of Mao, Marx, & Lenin would they have shown up to take the kids?

Those men's writings and philosophy have killed more of their own citizens IN PEACE TIME than anything else, except war (and that's debatable).

4) Any cop who engages in a warrentless search needs to be arrested for trespassing. Do that a few times and this will quickly come to an end.

Those who are following the law have nothing to fear - I mean, isn't that what we, the people, are told?


|| Posted by Steven, March 25, 2013 03:35 PM ||
Post a comment

Remember personal info?




Winner - 2014 Fabulous 50 Blog Awards
Winner - 2014 Fabulous 50 Blog Awards

Winner - 2013 Fabulous 50 Blog Awards

Winner - 2012 Fabulous 50 Blog Awards

Winner - 2011 Fabulous 50 Blog Awards

Winner - 2010 Fabulous 50 Blog Awards

Winner - 2009 Fabulous 50 Blog Awards

Posts by Category

Announcements (posts: 13)
Blogging (posts: 187)
Border Issues & Immigration (posts: 421)
deferred (posts: 4)
Education (posts: 685)
Entertainment & Sports (posts: 483)
Guns & Gun Control (posts: 65)
History (posts: 329)
Humor (posts: 88)
Israel/Middle East (posts: 44)
Medical News (posts: 54)
Military (posts: 273)
News (posts: 1570)
Paid Advertising (posts: 234)
Personal (posts: 108)
Politics (posts: 5261)
Race & Racism (posts: 281)
Religion (posts: 819)
Terrorism (posts: 884)
Texas GOP Platform Reform Project (posts: 4)
The Courts (posts: 310)
Watcher's Council (posts: 482)
World Affairs (posts: 345)


January 2016
December 2015
November 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004
September 2004
August 2004
July 2004
June 2004
December 0000



Creative Commons License
This weblog is licensed under a Creative Commons License.

Powered By

Powered by
Movable Type 2.64

Administrative Stuff

Email Me
Syndicate this site (XML)

Advertising Disclosure


About Me

NAME: Greg
AGE: 50-ish
SEX: Male
OCCUPATION: Social Studies Teacher
LOCATION: Seabrook, TX
DISCLAIMER: All posts reflect my views alone, and not the view of my wife, my dogs, my employer, or anyone else. All comments reflect the view of the commenter, and permitting a comment to remain on this site in no way indicates my support for the ideas expressed in the comment.

Search This Site

Support This Site

Recent Entries

Who Is Regan Theiler And Why Was She Allowed To Spend Public Funds On A Sole Source Contract For Her Part-Time Employer?
Not My Idea Of A Stimulating Evening
About Trump's Liberty University Speech
Do Not Place The Secessionist "Texas Independence" Measure On The 2016 Republican Primary Ballot
Conservatives Vs. Liberal On Those Engaged In Violent Political Activity
Tom Mechler Makes His Case Against Moving The 2016 RPT Convention
Jared Woodfill Makes His Case For Moving The 2016 RPT Convention
Questions About Moving The 2016 RPT Convention
Reject The Call To Move 2016 Republican Party Of Texas Convention
It Is Too Bad That Political Parties Cannot Reject Voters Who Seek To Join, Stop Would-Be Candidates Who Want To Run


Watchers Council
  • Ask Marion
  • Bookworm Room
  • The Colossus of Rhodey
  • The Glittering Eye
  • GrEaT sAtAn"S gIrLfRiEnD
  • The Independent Sentinel
  • JoshuaPundit
  • Liberty's Spirit
  • New Zeal
  • Nice Deb
  • The Noisy Room
  • The Razor
  • Rhymes With Right
  • The Right Planet
  • Simply Jews
  • Virginia Right!
  • Watcher Of Weasels

  • Political & Religious Blogs