Matthew M. Parr2424 Gold Canyon Road, Apt 1617San Antonio, Texas 78259Tel: (210)519-8344
IN THE YOUTH COURT OF JACKSON COUNTY MISSISSIPPIIN THE INTEREST OF CAUSE NUMBER 17,079CHASE HUSON, A MINOR REFERRAL NUMBER 84104
MEMORANDUM OF LAW IN SUPPORT OF MOTIONSDetention in Violation of the Fourth and Fourteenth Amendments
The Fourth Amendment is violated when an individual is unlawfully seized.
Florida v. Bostick,501
U.S. 429, 434 (1991
It also requires judicial determination of probable cause as a prerequisite toextended restraint of liberty following seizure.
Gerstein v. Pugh
, 420 U.S. 103, 114 (1975). The FourthAmendment applies to the states through the Fourteenth Amendment. Baker v. McCollan, 443 U.S. 137,142-143 (1979).Chase Huson was detained on May 7, 2009 by order of this court and has been in the legal andphysical custody of the Department of Human Services since April 21, 2009. The custody order,however, became invalid by statute on May 21, 2009. Mississippi law only authorizes more thantemporary custody for thirty days. Mississippi Code §§ 43-21-301, 307, 309. There is no case before anycourt in Mississippi or elsewhere, in which cause has been shown for the continued detention of ChaseHuson.
The Fourteenth Amendment to the United States Constitution states in relevant part: “No Stateshall…deprive any person of life, liberty, or property, without due process of law…” U.S. Const. Am. XIV.
The Fourteenth Amendment guarantees parents cannot be separated from their children without dueprocess of law except in an emergency.
Mabe v. San Bernardino County
Dep’t of Soc. Servs
., 237 F.3d