Please disable your Ad Blocker to better interact with this website.

Follow

No warrant entry limited by Constitution!

U.S. Supreme Court Limits Police Power To Enter Homes With No Warrant

The U.S. Constitution has been in the spotlight for years now, and debates surrounding certain amendments continue to rage.

Conservatives have been worried about Joe Biden and Democrats’ plan to chip away at the Constitution.

Thankfully, they just got a big win from the Supreme Court.

The U.S. Supreme Court unanimously ruled in May that a so-called exception to the Fourth Amendment called “community caretaking” does not permit police officers to enter and search your home without first obtaining a search warrant, even if doing so could be in the public’s interest.

In the case Caniglia v. Strom, Edward Caniglia sued after his home was searched by warrantless police officers in 2015.

During that search, police seized two firearms, which Caniglia recovered only after jumping through numerous bureaucratic hoops.

Caniglia later sued law enforcement, arguing their actions violated his Fourth Amendment right against a warrantless search and seizure.

However, police claimed they acted lawfully under the “community caretaking” exception, which originated from Cady v. Dombrowski, a 1973 Supreme Court case that said police officers can conduct certain “community caretaking functions” if done in a “reasonable” manner.

In that case, police officers had seized a gun located in an impounded car without a warrant.

The ruling overturned rulings by the federal district court and First Circuit Court of Appeals.

In a 9-0 ruling, the Supreme Court ruled the “community caretaking” exception does not apply to private residences.

“What is reasonable for vehicles is different from what is reasonable for homes. Cady acknowledged as much, and this Court has repeatedly ‘declined to expand the scope of … exceptions to the warrant requirement to permit warrantless entry into the home,’” Justice Clarence Thomas wrote in the majority opinion.

In fact, Thomas specifically rebuked the First Circuit Court of Appeals for extending the exception.

Story continues at: SCOTUS


Joe Messina

Joe Messina

All is fair in Radio! Politics, religion, prejudice, illegal immigration, legal immigration. Don't miss the "You're Not Serious" segment. We will be dealing with some of the most asinine items from the week's news. REAL and RAW!! You don't want to miss this show! The Real Side with Joe Messina. EVERY DAY - Check TheRealSide.com for stations and times.

Leave a Replay

About Me

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.

Recent Posts

Follow Us

Weekly Tutorial

Sign up for our Newsletter

Click edit button to change this text. Lorem ipsum dolor sit amet, consectetur adipiscing elit