Our cover story answers a question I asked myself 23 years ago when I first came to work at HSLDA: Why does HSLDA get involved in Fourth Amendment cases?
The reason I asked myself that question back in 2001 involved my first big case at HSLDA and the legal brief I needed to write for the Supreme Court of North Carolina in short order after I began working here. And homeschooling was not the issue.
A 2-year-old streaker named Joanie Stumbo, between the swap of overnight diaper with fresh morning diaper, spied her new kitten on the front porch and made hot pursuit—unattended. Alone outside for only a few moments, Joanie was found and promptly fetched back inside by her siblings. None of them were aware that that those few moments would change the Stumbos’ lives and vindicate an important legal principle for parents across the state and the nation.
Later that same day, a CPS investigator came to the Stumbo home and reported that an anonymous tipster had seen Joanie unattended in the front yard of their rural home. The investigator saw that Joanie and all the other children were safe and well cared for, yet she wanted to come inside the house to look at bedrooms, living areas, and food storage. Because, she said, she could not complete her investigation if not allowed inside.
When the Stumbos declined to consent, as was their right, the investigator took them to court and asked a judge to order them to cooperate. HSLDA represented them and argued that the Fourth Amendment protected the Stumbos from an unreasonable search in their home. The trial court ordered them to cooperate, and the court of appeals agreed by a 2–1 vote, with the dissenting judge concurring with our Fourth Amendment argument.