Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2000

Fordham Law School

Journal

Civil Rights and Discrimination

Consent

Articles 1 - 1 of 1

Full-Text Articles in Law

The Fourth Amendment: Relaxing The Rule In Child Abuse Investigations, Jillian Grossman Jan 2000

The Fourth Amendment: Relaxing The Rule In Child Abuse Investigations, Jillian Grossman

Fordham Urban Law Journal

This Note considers the Fourth Amendment concerns raised by strip searches of children in child abuse investigations. The Note first describes the evolution of children's rights and identifies the interests of the child and parents in child abuse investigations. The Note then analyzes the two exceptions under which a nude search of a child's body may be conducted - consent and exigent circumstances, as well as the qualified immunity defense with respect to social workers and police officers. Finally, this Note concludes that a child should possess the authority to consent to a strip search in a child abuse investigation …