No Fourth Amendment Violation For Seizing Baby.

A mother took her baby to an emergency room when she had a high fever, was lethargic, not eating properly and looked ill. Doctors were concerned about meningitis. The baby’s mother was “hysterically crying” and refused to give consent for medical personnel to treat the baby. Doctors opined the baby was in imminent danger of serious bodily injury. Police officers removed the mother and placed her in a small room while doctors took care of the baby. There was “absolutely no evidence of abuse or neglect, and no allegation that either parent was in any way unfit.” As it turned out, the baby did not have meningitis. The parents brought an action against the police for a violation of their constitutional rights. The mother said her Fourth Amendment right against unreasonable search and seizure was violated when the baby was seized and separated from her without a prior judicial hearing, or a warrant. The district court ruled the officers were entitled to qualified immunity and the Ninth Circuit agreed. Mueller v. Auker   (Ninth Cir.; September 10, 2012) (As Mod. October 25, 2012) (Case No.: 11-35351) 700 F.3d 1180.