Tuesday, May 18, 2021

Supreme Court shuts down police attempts to search homes without a warrant | Washington Examiner

The court, in a unanimous decision, found that police, using the "community caretaking" exception to the Fourth Amendment's prohibitions on unreasonable searches and seizures, were not allowed to enter a Rhode Island man's home and take his guns. Justice Clarence Thomas wrote the court's opinion, saying that police had violated the "very core of the Fourth Amendment."

The case arose out of a 2015 incident in which a Rhode Island married couple argued over attempted suicide. At one point, the husband, Edward Caniglia, gave his wife, Kim, an unloaded gun and told her to kill him. She left the house instead and later called local police to check on him.

When the police arrived, they entered the house and confiscated Caniglia's guns. He later sued. A district court sided against him. When he brought the case to an appeals court, it also decided against him — and extended the "community caretaking exception" for police to search cars without a warrant to homes as well.

via www.washingtonexaminer.com

https://rightcoast.typepad.com/rightcoast/2021/05/supreme-court-shuts-down-police-attempts-to-search-homes-without-a-warrant-washington-examiner.html

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Comments

A district AND appeals court ruled against this guy before SCOTUS unanimously reversed them? Are only the Supremes allowed to study Constitutional Law in school?

Posted by: jmod46 | May 18, 2021 9:40:22 AM

Sure seems like it and I am not so sure about them either.

Posted by: Stu Buchalter | May 19, 2021 7:28:51 AM

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