The U.S. Supreme Court recently unanimously agreed that a warrantless search and seizure of a man's firearms from within his home was unconstitutional.
The case involved a domestic argument between a husband and wife. The husband placed a handgun on the dining room table and asked his wife to "shoot [him] now and get it over with". The wife left the home and returned the next morning with police.
The man reportedly agreed to go to the hospital for a psychiatric evaluation on the condition that the officers not confiscate his firearms. But the police allegedly told the man's wife that he'd agreed to give up the firearms. So the wife allowed them to enter the home and take them.
The lower courts upheld the police conduct under a "community caretaking" exception to the Fourth Amendment search and seizure protection.
All nine Supreme Court justices disagreed.
The Fourth Amendment protects “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” The “‘very core’” of this guarantee is “‘the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion.
U.S. Supreme Court
The community caretaking exception is commonly considered to apply to vehicles when a law enforcement officer is giving aid to a motorist.
A recognition of the existence of “community caretaking” tasks, like rendering aid to motorists in disabled vehicles, is not an open-ended license to perform [warrantless searches and seizures] anywhere.
U.S. Supreme Court
If the exception had been upheld, it would have been a significant limitation of Fourth Amendment rights.
Any thoughts on how this relates to all of the so-called "Red Flag" laws that exist all over the country?
It seems to me this would be a direct repudiation of their constitutionality.
This is a positive development but it is narrow set of circumstances and does not impact "red flag laws" which are an equally egregious violation of numerous rights.
When the 1st Amendment is Abolished, it is because the 2nd Amendment failed.
Who is America's Greatest Enemy? England.
We kicked their Ass in 1778.
Why is Canada letting the Chinese Military to practice War Games to Invade America?
How do you tow a Kingdom? With another Kingdom, if you have the Power and Money to hire them;
or your a student of J. Epstein. Blackmail, of a Bigger Gun (Nikola Tesla Weapon).
Tesla gave all the Nations the HARRP Technology because he felt if 1 Nation had this exclusive
Weapon would be a disaster for Humanity.
Fauci brought Gain of Function to China, He is a Jesuit Priest, the Vatican (the Black Pope) gives the orders. B.G. is the Anti-Christ !
and don't forget Earth is someone else' Property,
Homo Sapiens Sapiens are a GMO. Our Species (version of Humanoids) only 180 to 225 thousand years old. Noam Chomsky has mentioned this in one of his Videos.
1953, Isolated, by James Watson and Associates.. Half our DNA is from this World. The other half IS NOT FROM THIS WORLD. The conclusion Is, it can only be from another planet in our Solar System or another Solar System. Double Helix' (published 1965) by James Watson.
AMEN