The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
~ Fourth Amendment
The Supreme Court unanimously ruled against law enforcement and Joe Biden for their warrantless entry in a gun seizure case. Biden’s lawless DoJ had filed an amicus brief supporting the Biden administration action, which is clearly against our 4th Amendment.
The unanimous ruling on Monday stated that law enforcement cannot legally enter homes without a warrant even in cases where they claim it’s in the public’s interest. Biden and law enforcement wanted it to become a “community caretaking” exception.
The case, Caniglia v. Strom, involved a man whose wife was worried he would hurt himself after they had an argument and she stayed in a hotel overnight.
The administration and the DoJ think it’s okay for the police to enter homes without a warrant if they say it’s in the public interest. Can you just imagine how it would be abused?
The court ruled that an existing exception for vehicles could not be extended to the home without violating the 4th Amendment.
This overturns two lower court cases.
The vehicle exception allows officers to move peoples’ cars that were in accidents and were now blocking traffic.
Police can still help those in homes in need of aid.
Can you imagine how radical this Biden administration is that they got a UNANIMOUS ruling against what they wanted to do? They think they can do anything and take away our rights whenever they come up with some rationalization.
Crook Barr also favored warrantless searches.
He was there for 2 years and spent most of his time covering up DOJ abuses which included invalid searches.
I’m hopeful this is the beginning of the Court developing a spine. I expect cases dealing with the Government’s abuse of Emergency Powers soon and hope the Executive Branches of Government will find it’s wings clipped and need Specific Legislative Authority to take actions that restrict the People’s rights in the future, even in what the Government may consider an Emergency. There are just too many instances of Executive abuse last Year. You even had Gov. Whitmer telling the State Supreme Court and Legislature to get lost and she is actually still in power. EVERY State needs a House / Senate removal process so a rouge Governor can be removed expeditiously when they disobey the State Supreme Court or laws passed by the Legislature. A recall process is far too clumsy when dealing with a Rouge Governor.
The Court will never get a spine. What they did in the election proves that.
Michigan has the ability to impeach a governor, but the republicans are too cowardly and corrupt to try it.
If you want it to be easier to remove a governor, then the democrats will use that the first chance they get to remove a republican.
(D)ommunism: They dominate your lives without calling it communism.