MovieChat Forums > Hellion (2014) Discussion > No warrant?

No warrant?

posted 10 years ago by EntToday
6 replies | jump to latest

Weren't Hollis' 4th amendment rights violated when the cop and social worker entered his home not only without permission but without him there to object? I highly doubt that's legal, especially with the officer in the picture. I know in a criminal case, he would be able to get all evidence against him thrown out and with it, the entire case. Is this not how it works in a child welfare case? I was practically screaming at him in my head to assert that his rights were violated and get this entire thing thrown out. Am I right or does that not apply in this case?

[–] rickb69 10 years ago

I am not sure about that. Father and son were in restaurant, son says "You left us alone for 3 weeks.", that would be child endangerment. The sons were supposed to be 13 and 10

I have 2 sets of twin boys, Pete & Repete and Mark & Remarkable

[–] DaliParton 10 years ago

> "You left us alone for 3 weeks.",

He was referring to something that happened before the movie started, after his wife died. It really wasn't relevant to that search where he was presumably at work during the middle of the day.

[–] radb707 9 years ago

You are right that the cop and the social worker would NOT be allowed to enter the house without permission or court order, let alone remove the child within an hour unless there was a danger to the child.

But it's not a criminal case and none of his rights were violated. He couldn't have gotten it thrown out. It's not like he was being charged with anything. The thing is, the social worker could have already gotten a court order, but the question that bothers me A LOT is....Why was she there in the first place? I mean if she was there because that kid was getting in trouble again, the hell is with the interest in the little brother?

[–] shailosweetkittycat 9 years ago

Depends on the State they live in and the nature of the reported concerns for the welfare of a child's welL being.

[–] micirisi 9 years ago

Once you F-up and get into the justice system you pretty much have lost a lot of rights. Friend of mine was on probation for DUI and every few weeks or so an officer would do a spot search (albeit limited) for booze in his home. No warrant, no nothing. Part of the deal. Probably similar onerous conditions for those suspect of child neglect.

He killed sixteen Czechoslovakians. Guy was an interior decorator.

[–] Foster1486 (634) a year ago

Uhhh Hollis wasn't there to have his rights violated

At that point we don't know how long he'd been gone that time