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.
No person shall be held to answer for a
capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases
arising in the land or naval forces, or in the militia, when in actual service
in time of war or public danger; nor shall any person be subject for the same
offense to be twice put in jeopardy of life or limb; nor shall be compelled in
any criminal case to be a witness against himself, nor be deprived of life,
liberty, or property, without due process of law; nor shall private property be
taken for public use, without just compensation.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
Granted that is has been argued that, strictly speaking, the Bill of Rights only applies to the Federal government, but the courts have held that all its provisions apply to the states as well. But from the Texas Contitution;
Article 1 Section 9: The people shall be secure in their
persons, houses, papers and possessions, from all unreasonable seizures or
searches, and no warrant to search any place, or to seize any person or thing,
shall issue without describing them as near as may be, nor without probable
cause, supported by oath or affirmation.
Article 1 section 10: In all criminal prosecutions the accused shall
have a speedy public trial by an impartial jury. He shall have the right to
demand the nature and cause of the accusation against him, and to have a copy
thereof. He shall not be compelled to give evidence against himself, and shall
have the right of being heard by himself or counsel, or both, shall be
confronted by the witnesses against him and shall have compulsory process for
obtaining witnesses in his favor, except that when the witness resides out of
the State and the offense charged is a violation of any of the anti-trust laws
of this State, the defendant and the State shall have the right to produce and
have the evidence admitted by deposition, under such rules and laws as the
Legislature may hereafter provide; and no person shall be held to answer for a
criminal offense, unless on an indictment of a grand jury, except in cases in
which the punishment is by fine or imprisonment, otherwise than in the
penitentiary, in cases of impeachment, and in cases arising in the army or navy,
or in the militia, when in actual service in time of war or public danger.
(Amended Nov. 5, 1918.)
If the mothers and fathers had been suspected of murder, or drug dealing, or armed robbery, the state would have been required to produce probable cause before arresting them and forcibly separating them from their children. But apparently, the mere suspicion of child abuse is sufficient that all these constitutional provisions can be waived.