The community care-taking exception will not be allowed to swallow the Fourth Amendment with regard to handguns. From Matthew Vadum at theepochtimes.com:
The Supreme Court unanimously rejected Biden administration arguments in a case from Rhode Island that police should be allowed to enter homes without a warrant to seize handguns.
The ruling in the case, Caniglia v. Strom, court file 20-157, came May 17.
Erich Pratt, Senior Vice President of Gun Owners of America and the affiliated Gun Owners Foundation, praised the new decision.
“The Supreme Court today smacked down the hopes of gun grabbers across the nation,” Pratt said.
“The Michael Bloombergs of the world would have loved to see the Supreme Court grant police the authority to confiscate firearms without a warrant. But the Supreme Court unanimously ruled that the Fourth Amendment protections in the Bill of Rights protect gun owners from such invasions into their homes.”
Bloomberg, the billionaire former New York mayor, is an activist and major funder of gun-control groups.
The case came before the high court for oral argument two months ago as President Joe Biden and congressional Democrats began pressing for aggressive new restrictions on Second Amendment gun ownership rights, including controversial “red flag” laws, which allow gun seizures from law-abiding gun owners with limited due process, in the wake of highly publicized deadly mass shootings in March at a Boulder, Colorado, supermarket and at Atlanta-area spas.
Police generally cannot conduct searches of private property without consent or a warrant.
In Cady v. Dombrowski the Supreme Court held in 1973 that police may conduct warrantless searches related to “community caretaking functions,” but only for “vehicle accidents.” Since then, the principle has become “a catchall for a wide range of responsibilities that police officers must discharge aside from their criminal enforcement activities,” the 1st Circuit Court of Appeals stated in the Caniglia case.
The community caretaking doctrine holds that police don’t always operate as law enforcement officials investigating wrongdoing, but sometimes as caretakers to prevent harm in emergency situations.
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