Judge Rules Iowa CPS Worker’s Warrantless Shed Search Illegal; County Settled for $250K

A federal judge ruled an Iowa CPS worker's warrantless shed search was unconstitutional, in a probe of a baby the family says never existed.
Downtown Fairfield, Iowa, the Jefferson County seat
Photo: Bill Whittaker (talk) / Wikimedia Commons, CC BY-SA 3.0

Fairfield, Iowa — A federal judge has ruled that an Iowa Department of Health and Human Services child protective worker violated the Fourth Amendment when she searched a Jefferson County couple’s shed without a warrant and over their objections, during an investigation into a baby the family says never existed. Jefferson County and its county attorney had already agreed to pay $250,000 to settle their part of the case.

What the judge ruled

U.S. District Judge Stephen H. Locher ruled Oct. 14 that CPS worker Kelsey Koenig violated the couple’s rights by searching an enclosed shed on their property, according to Ottumwa Radio. Locher found that consent from a relative who lives in the main house on the shared parcel could not override the couple’s objections, and that neither the community caretaking nor the exigent circumstances exception applied.

Locher also rejected the idea that a state law could justify the search.

no matter how well intended, state statutes cannot ‘abrogate a citizen’s constitutional protections.’

U.S. District Judge Stephen H. Locher, as reported by Ottumwa Radio

Koenig was granted qualified immunity for a separate search of a fire pit closer to the relative’s house. In an aside, Locher wrote that County Attorney Chauncey Moulding “almost certainly violated Plaintiffs’ Fourth Amendment rights” when he entered the couple’s home without consent or a warrant. The ruling did not decide Moulding’s liability because he had already settled.

A report about a baby no one could find

The case began with an anonymous complaint on Nov. 15, 2024, claiming the woman had given birth two months earlier and was using methamphetamine while caring for the child, according to the lawsuit. The couple says the complaint was false: she was not pregnant in 2024 and had no child.

Koenig visited that day and saw no sign of a recent pregnancy or a baby, the lawsuit says. The woman let her look through the home, and the relative agreed to an inspection of the main house. Neither turned up a baby or illegal drugs. Koenig then spoke with a Washington County investigator and others who had not seen the woman pregnant.

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According to the complaint, Koenig talked with Moulding that afternoon, and he advised her to return with law enforcement. Moulding and Koenig came back with Assistant County Attorney Elizabeth Estey and four deputies from Jefferson and Washington counties. They had no warrant. The woman’s partner told them no one could enter without one. The lawsuit alleges Moulding and Koenig went into the relative’s home anyway, officers searched outbuildings and campers, and Moulding entered the couple’s home after the woman told him he did not have permission.

No baby was found. Koenig later labeled the complaint “unfounded.”

The county’s response

The Jefferson County Board of Supervisors unanimously approved the $250,000 settlement on Aug. 31, according to Ottumwa Radio. The Iowa Communities Assurance Pool covers $247,000, and the county pays a $3,000 deductible. The settlement denies wrongdoing, and claims against the county and Moulding were dismissed Sept. 30. Moulding also agreed not to intentionally engage with the woman.

Moulding has said officials went onto the property to investigate a report of a baby born “in secret,” that the property owner voluntarily consented to a “brief inspection,” and that no criminal investigation was opened because the matter concerned child welfare, according to the Southeast Iowa Union.

What happens next

A jury trial on damages for the shed search is scheduled to begin Jan. 11, 2027.

An unverified anonymous call, a home visit that found nothing, and still a second trip with prosecutors and deputies but no warrant. CPS investigations are not exempt from the Constitution, and this ruling says so plainly. Families facing a search like this should know their rights; FAN’s guide to parents’ rights in a CPS investigation explains them.

Key facts

  • A federal judge ruled Oct. 14, 2026, that an Iowa DHHS CPS worker’s warrantless shed search violated the Fourth Amendment.
  • The search followed an anonymous Nov. 15, 2024, report about a baby the family says never existed.
  • The worker later labeled the report “unfounded.”
  • Jefferson County and County Attorney Chauncey Moulding settled for $250,000, denying wrongdoing.
  • The judge wrote that Moulding “almost certainly violated” the couple’s Fourth Amendment rights by entering their home.
  • A jury trial on damages is set for Jan. 11, 2027.

Sources

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