Supreme Court Rules That “Community Caretaking” Exception for Warrantless Searches, Seizures Does Not Apply to Homes

Pixabay
image_pdf
  • Save
image_print
  • Save

The Supreme Court unanimously ruled that police are prohibited from entering people’s homes and seizing their guns without a warrant under “community caretaking” exceptions to the Fourth Amendment, which allows certain warrantless searches of vehicles, but does not extend to the home. A spokesman with the Firearms Policy Coalition said that the SCOTUS decision affirmed that the Constitution is clear that the People should be free from unreasonable search and seizure, and that the sanctity of the home is central to American freedom.

The Supreme Court held today that the so-called “community caretaking” exception to the Fourth Amendment, which allows certain warrantless searches of vehicles, does not extend to the home. Earlier this year, Firearms Policy Coalition (FPC), Firearms Policy Foundation (FPF), and Independence Institute filed a brief in support of the petitioner, authored by Joseph Greenlee, FPC’s Director of Constitutional Studies, that extensively detailed the history behind the Constitution’s protections against home searches, arguing that “American resistance to home invasions ultimately led to the American Revolution” and that “extending the community caretaking exception to the home would undermine the constitutional text, the founders’ intent, and centuries of tradition.” The opinion in Caniglia v. Strom can be found at FPCLegal.org.

Noting that the Court previously “recognized a few permissible invasions of the home and its curtilage,” the Court’s unanimous opinion, authored by Justice Clarence Thomas, vacated and remanded last year’s opinion from the First Circuit, noting that the lower court went “beyond anything this Court has recognized,” and that “[w]hat is reasonable for vehicles is different from what is reasonable for homes.”

In a concurring opinion, Justice Alito mentioned that today’s opinion does not address “red flag” laws that “enable the police to seize guns pursuant to a court order to prevent their use for suicide or the infliction of harm on innocent persons.” The justice also noted that “[p]rovisions of red flag laws may be challenged under the Fourth Amendment, and those cases may come before us.” FPC has supported litigation against “red flag” orders and will continue to raise challenges against such unconstitutional laws.

“Today’s opinion acknowledges something that America’s Constitution and founders were already quite clear about—that the People should be free from unreasonable search and seizure, and that the sanctity of the home is central to American freedom,” explained Adam Kraut, FPC’s Senior Director of  Legal Operations. “As our brief made clear, these so-called ‘community caretaking’ searches of homes and seizures of firearms are based on the flimsiest of standards, without any historical support. They violate the text of the Constitution and its original public meaning, and are nothing less than a blatant violation of the Fourth Amendment. We are delighted that the Court affirmed that truth in today’s unanimous decision.”

Read full article here…

Visit our Classified ads.

Check out our Classified ads at the bottom of this page.

Recent stories & commentary

Classifieds

For classified advertising rates and terms, click here. The appearance of ads on this site does not signify endorsement by the publisher. We do not attempt to verify the accuracy of statements made therein or vouch for the integrity of advertisers. However, we will investigate complaints from readers and remove any message we find to be misleading or that promotes anything fraudulent, illegal, or unethical.

Health


Learn Natural Medicine practice at home! There is NO Freedom without Health Freedom. There is NO Health Freedom without Informed, Voluntary Consent. There is no informed consent without education and understanding. SomaVeda College of Natural Medicine, Thai Yoga Center provides you and your family with spiritually based natural health education. ThaiYogaCenter.Com or SomaVeda.Org.


AFFORDABLE MEDICAL PLANS: Access to all providers – Low Deductibles – Alternative Treatments Allowed – Priced 40-60% off marketplace!! Contact [email protected] or 800-229-0297 www.ftcproducts.com



G. Edward Griffin’s blood pressure dropped to healthy levels and stayed there after using Cardio Miracle, a nitric-oxide booster containing a blend of ingredients that supports the body’s natural defense against heart disease, atherosclerosis, cancer, diabetes, Alzheimers, and more. If you are over 40, you really should check this out.



JWLABS – Building fine Rife frequency instruments in the USA since 1987.
We offer customer support and an exceptional warranty. Learn why all households and clinics should employ this device. Call us at 888-891-1122 to discuss the many benefits.   www.rifemachine.com



Health with space-age technology and Quantum physics. For people and all animals. No medication! Available world wide! Contact us at [email protected]. For principals and testimonials please visit our website. www.Healthytherapy.com


The Heavenly Handbook of Health. “WOW! U want FeedBack? So far I am floored. If I’ve learned anything about you since we met; this book has the potential to be a blockbuster.” Read 18pg Teaser @ HeavenlyHandbookofHealth.com Simple, incredible, affordable health – any age!


Income


Are you ready for financial freedom?
Visit:  www.MoneyThatsReal.com



Discover How You Can Raise ALL THE MONEY YOU NEED for any worthwhile project with Crowd Funding! Bills-Business-Charity-Education-Artistic-Personal & more! Free 7-minute video gives you all the details. http://GetCrowdFundedToday.com



Ultimate Wealth Building Guide reveals 5 steps to create your own banking system to achieve lifetime financial security, certainty, and peace of mind in 60 days. Discover how to build and grow lasting wealth safely and predictably, regardless of market and economic cycles. www.mywealthwarehouse.com



Free Report: Three Major Shifts That Signal Risks to Your Investments Are Headed Higher. Including the one action every investor should take right now to protect their portfolio against significantly rising risks. http://BuyAndStoreGold.com/pl-geg/


Make money on money you are already spending. Join the world’s largest shopping network. Eleven-year-old company in 46 countries. Info and free membership. www.freedombuildersinternational.com


Money & Banking


Applied Knowledge Conquers the Future. Learn what you can do to start preparing for the inevitable financial crisis! The cost of ignorance is fatal. Don’t get left behind! Empower yourself with education! http://www.WealthControlResources.com



Lawful 100% income tax avoidance: a right recognized by IRS and Supreme Court. Request free report: [email protected] or find NoThanksIRS on FB/Twitter.



The Coming Gold & Silver Share Explosion!
Learn how the Millers, an average American couple, turned their $100,000 investment, into $3,736,165 (audited) from 2001 to 2016 with John Doody’s gold-stock program (free E-Book download). Go to http://banking-holiday.com, where you will get this book + their Banking Holiday book free. 727-564 9416.


Need to Know

For years a Freedom Force member, Teddy L. has been taken into dementia assisted living, at $2200 a month. I’m a paraplegic left to live alone with our pets. Dementia incurably worsens. Help needed and appreciated. 740-861-3878 or http://www.gofundme.com/f/running-bear/



Being informed is not enough. Knowledge, by itself, is not power, but it holds the potential for power if used as a guide for action. Truth can be overpowered by tyranny only if we fail to enter the battle. The future belongs, not to ideas, but to people who act on those ideas. If you truly want to make a difference in the world, Freedom Force International awaits you.



Anxiety Publishing – providing more satisfying novels to the conscious community, stories based in a real world, not the illusion of the establishment. Promote your precious novel with your fellow authors and help build a collection of future classics. anxietypub.com


For Sale


Offline is a documentary on the inevitability of the Earth being slammed by a mega solar flare – not the common type that interrupts communications and creates a light show in the Northern skies – but the big brothers thousands of times more powerful. These monsters deliver enough energy to blow apart the master transformers that supply the planet’s energy grids. When that happens, the lights go out for longer than anyone wants to think about. These X-Class solar storms hit the Earth every 150 years, on average. The last one arrived 156 years ago. We are overdue (More)

 


Subscribe
Notify of
guest
1 Comment
Oldest
Newest Most Voted
Inline Feedbacks
View all comments
David Hereaux
David Hereaux
1 year ago

At least we still have some rights. For how long? Who knows.