The Supreme Court Just Ruled 9-0 Against Democrats!

Criminals go to jail!

Illegal search and seizure are considered a crime. This topic caused the hottest discussion at an old CPAC conference that took place five years ago.

Join Our Telegram channel here:

Conservatives have decided to hold law enforcement accountable. They won’t just support them in everything they do.

Let’s not forget that officers are an extension of the state. However, they have become the main enforcers of tyranny in the US.

When they decide to show up and take your guns, they will send their law enforcement officers. Who is enforcing when unconstitutional COVID-19 regulations are levied? Any guesses?

Reports reveal that SCOTUS has protected The Fourth Amendment. Americans are guaranteed safety from illegal search and seizure.

Great news, right? This is actually a great development of events. SCOTUS has made some pretty stupid decisions lately, and this one came as a surprise. It looks like they didn’t abandon the Constitution. Sort of.

Statism thrives in our society. We have to be careful.

This country is forever and we need to make the right decision at the right time. We need to take care of our future.

Here’s the latest plot twist in this story:

CNN reports:

The Supreme Court on Monday wiped away a lower court decision that held that law enforcement could enter a Rhode Island man’s home and seize his firearms without a warrant after his wife expressed fear that he might harm himself.

A lower court had allowed the search, holding that the decision to take the firearms without a warrant fell within the Fourth Amendment’s “community caretaking exception.”

But Justice Clarence Thomas, writing for a unanimous Supreme Court, held that the lower court’s broad interpretation of the exception “goes beyond anything this Court has recognized.”

While the court has recognized that police officers can perform “many civic tasks in modern society,” there is “not an open-ended license to perform them anywhere,” Thomas wrote.

Scotus Blog wrote:

During an August 2015 argument with his wife, Edward Caniglia offered her one of his unloaded guns and requested that she put him out of his misery. Instead, she threatened to call 911. After the couple’s argument continued, she left the marital home to overnight at a hotel. When she returned the next day, she enlisted Cranston, Rhode Island’s police department to perform a wellness check on her husband. They did. They also arranged transportation for Edward to obtain a psychiatric evaluation at a local hospital. He agreed to go, but only after officers purportedly agreed not to confiscate his weapons.

However, as soon as he left, officers — apparently by deceiving his wife — entered the Caniglia home and seized Caniglia’s handguns and ammunition. Caniglia sued, alleging that the officers violated his Fourth Amendment rights. The U.S. Court of Appeals for the 1st Circuit sided with the officers by relying on Cady, a 1973 decision that upheld the warrantless “caretaking” search of a car that had been in an accident.

The court’s opinion, written by Justice Clarence Thomas, was devoid of the fearsome, compelling specter raised in the briefing and during argument regarding the potential for troubling eventualities — for instance, that Caniglia may have harmed himself or his wife (or, perhaps, other innocent/intervening victims). A pithy four pages “long,” the opinion was unanimous and unambiguous: If police do not have the homeowner’s consent, an “exigent” circumstance, or a judicial warrant authorizing a search, then no version of Cady’s car exception applies to police entry into the home under the Fourth Amendment. “What is reasonable for vehicles is different from what is reasonable for homes,” Thomas wrote.

As always with realty – and, per Caniglia, the court’s Fourth Amendment jurisprudence — location matters. Specifically, the location of Cady’s warrantless search and seizure – a post-accident, routine search of an intoxicated, off-duty officer’s damaged and impounded car — simply cannot compare to a search of and seizure within a home.

Join Our Telegram channel here:

Source: WeLoveTrump

Related Articles

Leave a Reply

Your email address will not be published. Required fields are marked *

Back to top button

Adblock Detected

Please consider supporting us by disabling your ad blocker