GEORGIA v. RANDOLPH

Georgia v. Randolph, 547 U.S. 103(2006)is a case in which the Supreme Court of the United States held that police without a search warrant could not constitutionally search a house in which one resident consents to the search while another resident objects The court distinguished the case from the "co-occupant consent rule" announced in United States v. Matlock, 415 U.S. 164 (1974), which permitted one resident to consent in the co-occupant's absence. The case proved yet another battle in the ongoing contest between proponents of the "Originalist" and the "Living Constitution" philosophies on the Court (and within American jurisprudence).

Know Your Rights - You Do Not Have to Consent to a Search!

Police officers know the restrictions, and know that they are not allowed to search without probable cause. To get around this requirement, they will often ask for your consent. If a police officer asks for permission to search your car, your home, or your person - you generally have the right to say NO.

DEPENDANCY - WHAT TO DO WHEN YOUR CHILDREN ARE REMOVED BY DCFS?

One of the most traumatizing things that can happen to parents and children is to have their children removed by the Department of Children and Family Services (DCFS). Unfortunately, DCFS conducts interviews of parents and children without a right to counsel first. Thus, they often discover information that they can use to justify taking the children, information they would not have gotten if in the parent(s) had the right to speak with an attorney first, or have an attorney present when they were interviewed.

So what can you do? You can refuse to be interviewed or you can ask to have an attorney present when you are interviewed, either of which may not prevent DCFS from detaining the children. However, it will give them less information to plead as to why your children should be detained from you. You may also assert your 5th Amendment right to not reveal information that may incriminate you. Understand, statements you make to social workers are discoverable by District Attorneys and should your case involve criminal charges, everything you tell a social worker can be used against you in a criminal proceeding.

What you should do is immediately contact an attorney qualified to practice in Dependency Court and seek counsel as to your rights and legal options.

ADVISEMENT: The preceding is for informational purposes only and should not be construed or interpreted as legal advice.