Legal Opinion

In re Shernise C.

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 2011PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Cohen, J.

“There is no more worthy object of the public’s concern” than the welfare of children (Wyman v James, 400 US 309, 318 [1971]). However, in our societal zeal to protect them, our most vulnerable and most valuable asset, we must be careful not to trample upon their constitutional rights. An innocent child should certainly have as much right to be free from an unreasonable search and seizure as someone suspected of committing a crime. Thus, while harmonizing the State’s extraordinary interest in protecting a child’s welfare from the potential for the invasion of a…

2Cases cited33 opinions

  1. Bell v. WolfishSupreme Court of the United States · 1979
  2. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  3. Sibron v. New YorkSupreme Court of the United States · 1968
  4. Camara v. Municipal Court of City and County of San FranciscoSupreme Court of the United States · 1967
  5. New Jersey v. T. L. O.Supreme Court of the United States · 1985

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3Cited by1 opinion

  1. Matter of Vivienne Bobbi-Hadiya S. (Makena Asanta Malika McK)Appellate Division of the Supreme Court of the State of New York · 2015

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