Homeschoolers ramp up 4th Amendment battle

By Bob Unruh

Police line do not cross

The Home School Legal Defense Association, the nation’s premiere advocate for homeschooling, is representing a family in its suit against a police officer’s unauthorized entry into a private home, even though the case has nothing to do with homeschooling.

It’s because the case brought by LuAnn, Joseph and Timothy Batt against police officer Joseph Buccilli, who forced his way into the family’s home without either a warrant or an emergency reason, illustrates the “battle for the front door.”

The family is appealing to the the 2nd U.S. Circuit Court of Appeals, arguing the Fourth Amendment protects them from “unreasonable searches.”

The amendment states: “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 case is relevant to homeschoolers, HSDLA explains, because early homeschoolers sometimes “found an investigative social worker at their front door, often accompanied by uniformed police officers.”

“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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HSLDA said homeschoolers “soon learned that front-door encounters with an investigative social worker could be traumatic for both parents and children alike.”

“Protecting our member families from such unwarranted investigations was what drew HSLDA into what we call ‘the battle for the front door’ – defending Click to see the original article