CLIENT ALERT MEMORANDUM
To: All Police Chiefs and Sheriffs
From: Martin J. Mayer, Esq.
CORRECTION REGARDING CAMRETA V. GREENE MEMO
In the Client Alert Memo we just issued (Vol. 25, No. 24) we stated that when the U.S. Supreme Court accepted the case of Camreta v. Greene, it vacated the ruling of the Ninth Circuit – that is incorrect. The Supreme Court granted certiorari, and allotted one hour for oral argument which will probably occur early in 2011, but it did NOT vacate the lower court’s decision.
HOW THIS AFFECTS YOUR AGENCY
Since the lower court’s decision was not vacated, there is no change in the law at this time. In accordance with the Ninth Circuit’s decision, a warrant, probable cause, parental consent, or exigent circumstances are needed before law enforcement can remove a child from a class in order to interview the child to determine if he or she is the victim of sexual abuse.
Our apologies for any inconvenience this might have caused. We also want to thank Tom Temple, Assistant County Counsel, County of Ventura, for the “head’s up” on our error.
As always, if you wish to discuss this in greater detail, please feel free to contact me at (714) 446 – 1400 or via e-mail at mjm@jones-mayer.com.
Before relying on any of this material, confer with your agency’s legal counsel for advice and guidance.
Information on www.jones-mayer.com is for general use and is not legal advice. The mailing of this Client Alert Memorandum is not intended to create, and receipt of it does not constitute an attorney-client relationship.