No warrant entry limited by Constitution!

The Roberts Court, November 30, 2018. Seated, from left to right: Justices Stephen G. Breyer and Clarence Thomas, Chief Justice John G. Roberts, Jr., and Justices Ruth Bader Ginsburg and Samuel A. Alito. Standing, from left to right: Justices Neil M. Gorsuch, Sonia Sotomayor, Elena Kagan, and Brett M. Kavanaugh. Photograph by Fred Schilling, Supreme Court Curator's Office.

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


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