Bottle rot not an emergency.
In Rogers v. County of San Joaquin, the Ninth Circuit held that removal of children from their home without a warrant where there was no risk of imminent bodily harm violated the 4th amendment. The children here suffered from bottle rot, and general neglect. The lack of imminent danger was borne out by the emergency room personnel classifying the visit as routine, and the social service agency’s only delay in responding to reports of neglect of the children. The Court reversed the district court’s grant of summary judgment to the social services provider, as well as the denial of summary judgment to the parents.
