Pierce County Prosecutor Mark Lindquist put us on to the Ninth Circuit ruling I wrote about in the post below (I hope I was scathing enough). Here is the opinion, which mandates court orders before CPS can question children at school about possible abuse. And here is Lindquist’s opinion of the opinion:
As long as this case remains the law, it will seriously handicap investigations where there is a child witness or victim. This case is the worst of both worlds. One, it will handicap investigations in cases where there was abuse and the child is not safe. Two, it will handicap those investigations where abuse is wrongly suspected, e.g. turns out the child got the black eye from rough-housing with his brother.
In some cases there will be probable cause for a court order to interview the child, but in many cases there will not yet be probable cause, and therefore the most important witness, the child, may not be interviewed. This is an obvious blow to the truth-seeking process.
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