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I would agree if these types of pro-active measures required a judge to sign an order given a minimum threshold of evidence. I have heard that it is shockingly
by gspencley 4y ago
I would agree if these types of pro-active measures required a judge to sign an order given a minimum threshold of evidence.
I have heard that it is shockingly easy to get a judge to issue a search warrant at 2 in the morning on a Saturday. I am not a lawyer, but from what I understand even then there is a minimum bar that needs to be met as far as evidence supporting the petition goes: what is the suspected crime? What evidence is there that supports the suspicion? Why do we believe that a search warrant will produce concrete evidence that the crime occurred and what is the scope of the required search (what property, specifically, are we asking to be able to examine and potentially confiscate?).
Similar, much higher, thresholds need to be met with respects to holding suspects in custody pending a trial.
Under no circumstances should any other government agencies be able to compel anything from anyone "just because." That's what the courts exist for. People have a right to due process and "agree to a safety plan" under threat is an act of force that was not authorized by a court order but by an independent government agency acting alone; outside of the one single entity that we trust to be in charge of doing that both fairly and under extremely tight scrutiny and limitations.
- cbsmith 4y ago> I would agree if these types of pro-active measures required a judge to sign an order given a minimum threshold of evidence. Police are empowered to arrest people on the spot. It seems impractical to add a judge to that process. Once someone has been arrested, you need CPS to step in anyway, at which point it seems silly to bar them from investigating. > Similar, much higher, thresholds need to be met with respects to holding suspects in custody pending a trial. I mean, she was released on bail, but she was held in custody. So yes, holding them in jail without bail has a higher standard, but you'd really hope the standard would be higher for that. > Under no circumstances should any other government agencies be able to compel anything from anyone "just because." That's what the courts exist for. That seems like a broad and vague statement. In fairness, the parents aren't obligated to do anything, but if they don't, then the courts would get far more involved.