SCOTUS takes 4th Amendment case - Caniglia v. Strom

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Bruenor
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SCOTUS takes 4th Amendment case - Caniglia v. Strom

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https://www.supremecourt.gov/orders/cou ... 1_q861.pdf" onclick="window.open(this.href);return false;
https://www.scotusblog.com/2020/11/relist-watch-163/" onclick="window.open(this.href);return false;
Caniglia v. Strom, 20-157, involves an issue the court has already considered once this term: whether the “community caretaking” exception to the Fourth Amendment’s warrant requirement extends to the home. Regular readers recall the court considered essentially that issue in Rodriguez v. City of San Jose, California, 19-1057, which it relisted once after the long conference before denying review. Police ordinarily cannot search private property without consent or a warrant. In Cady v. Dombrowski, the Supreme Court wrote that police could conduct warrantless searches in connection with “community caretaking functions,” although Cady only addressed searches in the context of “vehicle accidents” and the like. It has been applied far more broadly since then, becoming, in the words of the U.S. Court of Appeals for the 1st Circuit in this case, “a catchall for a wide range of responsibilities that police officers must discharge aside from their criminal enforcement activities.”

In Caniglia, police responding to a domestic dispute determined that Edward Caniglia was “imminently dangerous to himself and others,” and he went to a hospital for a psychiatric evaluation. Guided by his wife, police at his house then seized two firearms, one of which Caniglia had asked his wife to shoot him with. Caniglia then sued to challenge the legality of the warrantless seizure of the firearms (and him) under the Fourth Amendment, but the district court and the 1st Circuit upheld the search under the “community caretaking” exception. Caniglia argues that the exception should not be applied inside “the home–the most protected of all private spaces.”
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Re: SCOTUS takes 4th Amendment case - Caniglia v. Strom

Post by kcclark »

The Supreme Court will hear oral arguments on Wednesday for a case — Caniglia v. Strom
Despite Caniglia's lawyers warning that extending the "community caretaking" exception would be an "anathema to the Fourth Amendment," attorneys with Biden's Justice Department filed an amicus brief — the first one of Biden's administration — asking the Supreme Court to uphold the appeals court's ruling.
https://www.theblaze.com/news/biden-adm ... nfiscation
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Re: SCOTUS takes 4th Amendment case - Caniglia v. Strom

Post by bignflnut »

"community caring" = public safety

Civil Government is commanded to be a terror to evil. They are to serve truth, justice and righteousness.
In America, evil has been terrorizing truth, justice and righteousness for too long.

The proper wrath of civil government protects the innocent, but now the wrath of civil government has been aimed at the innocent.

Which Natural Rights is SCOTUS willing to uphold, by becoming a terror to those challenging our Natural Rights?

Who is SCOTUS terrorizing?
“It’s not that we don’t have enough scoundrels to curse; it’s that we don’t have enough good men to curse them.”–G.K. Chesterton-Illustrated London News, 3-14-1908

Republicans.Hate.You. See2020.

"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." John Adams to Mass Militia 10-11-1798
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