New York Homeschoolers Appeal Cop’s Unwarranted Break-In

A homeschool family in New York is asserting their Fourth Amendment rights by appealing a court’s decision made in a police officer’s favor after he broke into their home without a search warrant.

Police officer Joseph Buccilli forced his way into LuAnn, Joseph and Timothy Batt’s home – a home invasion they argue took place not only without a warrant, but without any emergency reason whatsoever.

‘Battle for the front door’

Represented by attorneys at the Home School Legal Defense Association (HSLDA) – a Christian nonprofit organization advocating the right parents to teach their own – the Batts are appealing their case that the Fourth Amendment of the United States Constitution protects them from “unreasonable searches.”

In the lawsuit filed with the 2nd U.S. Circuit Court of Appeals, HSLDA attorneys are letting the family’s constitutional rights do the talking.

“The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized,” the Fourth Amendment declares.

Homeschoolers across America could possibly look to this case as precedent in the future – if the Batts win.

“[This case is relevant to homeschoolers because parents educating their own have sometimes] found an investigative social worker at their front door, often accompanied by uniformed police officers,” HSLDA explained the year of the incident back in 2012. “These authorities were typically investigating anonymous tips that didn’t have much to do with homeschooling itself – often something like this: ‘The children are always home, they don’t go to school, and the family seems really religious.’”

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Filming Cops
Filming Cops 3181 posts

Filming Cops was started in 2010 as a conglomerative blogging service documenting police abuse. The aim isn’t to demonize the natural concept of security provision as such, but to highlight specific cases of State-monopolized police brutality that are otherwise ignored by traditional media outlets.

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