[Ed. – This is getting way out of hand.]
Jason and Laura Hagan, who home school their three children, were the subject of an investigation by Child Protective Services alleging that their home was messy. The Hagans…had complied with an initial inspection of their home, but balked when the social worker returned for a second inspection, along with two police officers, Sheriff Darren White and Captain David Glidden, both of the Nodaway County (Missouri) Sheriff’s Office. There were no allegations that the children were being abused, neglected, or otherwise endangered, only the report of the home being “messy.” …
The police officers did not have a warrant or other court order to search the Hagan’s home, and the Hagans did not consent to the search. …
The interactions then got physical, as the police officers forced their way into the home. Both Hagans were repeatedly pepper sprayed in the face, and Jason was Tasered multiple times, despite Laura warning the police that he had recently been hospitalized for chest pains. ... The Hagans were also physically assaulted; Laura was slapped in the face, knocking off her glasses, and Jason was kicked in the leg after he had fallen to the floor. Their dog was also pepper sprayed and the officers threatened to shoot it if it did not stop barking.
Both Hagans were arrested, charged with resisting arrest and endangering the welfare of a child, and were taken to the county jail. Neither was told they were under arrest or read their Miranda rights.
The Hagans’ three children, who had witnessed their parents being assaulted by the police, were taken into protective custody by CPS, and were returned to their home nine days later. However, the Hagans did not regain legal custody for five months, during which time they had to report to the social worker whenever seeking medical care for the children.
The Circuit Court in Nodaway County granted a motion to suppress, which tossed out all the evidence against the Hagans that was obtained during the warrantless entry into their home, and the prosecution against them was dropped. In reaching his ruling, Nodaway County Judge Edward M. Manring found that the officers had entered the Hagan home without a warrant, but “the State has not offered sufficient, if indeed any, evidence of an exception that would indicate a warrantless entry.”