• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Welfare Check need a Warrant??

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Revarc

Junior Member
What is the name of your state? California

A friend of mine is going through a divorce. Her husband called the police and said the children "are living in filth". The police showed up at her apartment, said they were there to preform a "welfare check". They barged into the apartment, saw some roaches, arrested her for child endangerment, and took the children away. My question is, do the police in CA have the right to enter someones home without a warrant for a "welfare check" on children?
 


zippysgoddess

Senior Member
I get the distinct feeling that there is more to this story, perhaps you aren't telling it, or you don't know it, but there is definitely something missing.

The police would have to have good reason to believe the children were in danger, otherwise it would have been turned over to your local children's service department for investigation.

They also had to see more than cockroaches, while they may be creepy and disgusting, they are not a reason, in and of themselves, to remove children from the home for endangerment.

Give us, or get us, the rest of the details if you want real advice and assistance.
 

Revarc

Junior Member
zippysgoddess said:
I get the distinct feeling that there is more to this story, perhaps you aren't telling it, or you don't know it, but there is definitely something missing.

The police would have to have good reason to believe the children were in danger, otherwise it would have been turned over to your local children's service department for investigation.

They also had to see more than cockroaches, while they may be creepy and disgusting, they are not a reason, in and of themselves, to remove children from the home for endangerment.

Give us, or get us, the rest of the details if you want real advice and assistance.
That is all there is to the story. The husband called the police, made the report, the police showed up, barged through the door, told my friend that becasue of all the roaches she was being placed under arrest for child endangerment. I was in the apt at the time of the arrest. My question is simply is a searh warrant required to enter the home by police preforming a "welfare check" on children?
 

CdwJava

Senior Member
Revarc said:
That is all there is to the story. The husband called the police, made the report, the police showed up, barged through the door, told my friend that becasue of all the roaches she was being placed under arrest for child endangerment. I was in the apt at the time of the arrest. My question is simply is a searh warrant required to enter the home by police preforming a "welfare check" on children?
Something is missing fromt he story. a couple of cockroaches does not equate to child endangerment. Unless you were present, you honestly do not KNOW what was said, seen, heard, or smelled.

If there is a reason to believe that the safety of the child is in imminent harm, we would not need a warrant. However, upon opening the door and seeing a God-awful mess, debris, trash, sharp objects, or other dangers, then the officers might be able to articulate an exigency at THAT point to make entry.

There IS more to this story ... in spite of what you have been told, there is more that you have not been told. Or, there is more that the cops know and they haven't related it to your friend.

- Carl
 
Revarc said:
What is the name of your state? California

A friend of mine is going through a divorce. Her husband called the police and said the children "are living in filth". The police showed up at her apartment, said they were there to preform a "welfare check". They barged into the apartment, saw some roaches, arrested her for child endangerment, and took the children away. My question is, do the police in CA have the right to enter someones home without a warrant for a "welfare check" on children?
I have to agree with Zippy, sounds like there is alot more that is missing from this.

Nonetheless, for basic welfare checks they don't need a warrant. "Welfare checks" are a typical call police get. When you say "barged in," did they batter ram through the door or did she open it, they ask to come in and she let them?
 

CdwJava

Senior Member
justalayman said:
Where is Carl when you need him?
See above ;)

Sorry ... I was out looking for a croissant to go with my mocha. Starbucks is open for another hour!

- Carl
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top