Democrats will attempt to put yet another nail in the coffin of The 4th Amendment and further damage The 2nd Amendment in one case petitioned to The Court for certiorari in the upcoming term.
Make no mistake about it, if granted ‘cert’, this case matters and it matters bigly-yuuuuuge.
…..officers questioned Edward Caniglia at his home after his wife expressed concern that he might be suicidal. They took him to a hospital and then entered the home and removed two handguns. The officers’ justification for the entry and seizures was the “community caretaking” exception to the Fourth Amendment’s warrant requirement. The Supreme Court’s first case recognizing that exception, Cady v. Dombrowski, involved officers searching the trunk of a car towed after an accident. Since then the federal courts of appeals have divided on whether the exception applies to the home or only to motor vehicles. Caniglia filed a cert petition, asking the Supreme Court to resolve this split and hold that the exception cannot justify warrantless intrusions inside a home.
From the petition:
The Third, Seventh, Ninth, and Tenth Circuits Have Held that the Community Caretaking Exception Does Not Extend to the Home.
The Fifth, Eighth, and First Circuits Have Held that the Community Caretaking Exception Can Extend to the Home.
My thoughts:
The 4th Amendment to The Constitution of The United States of America: “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.”
Not sure if it’s just me - and I’m not in Rio Linda - but I keep re-reading the text of The 4th Amendment and don’t see the term “community caretaking”, nor either word (“community” or “caretaking”) and I’m rather positive the word “except” (followed by a laundry list of Democrat wet dreams) is nowhere near being in The 4th Amendment either.
And please remember, not only the 9th Circus Court of Appeals, but also the 4th Circuit Court of Appeals ruled that you do not have any reasonable expectation of privacy even in your own driveway - and SCOTUS has steadfastly refused to give cert to any challenge to either ruling and of course, that denial is 5-4, with ‘Him’ voting with the typical Democrats.
IMHO, ‘Him’ is gonna be one of the major causes of “it” kicking off.
Democrats will attempt to put yet another nail in the coffin of The 4th Amendment and further damage The 2nd Amendment in one case petitioned to The Court for certiorari in the upcoming term.
Make no mistake about it, if granted ‘cert’, this case matters and it matters bigly-yuuuuuge.
Mr. Cangilia resides in Cranston, Rhode Island.
From SCOTUS Blog:
From the petition:
My thoughts:
The 4th Amendment to The Constitution of The United States of America: “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.”
Not sure if it’s just me - and I’m not in Rio Linda - but I keep re-reading the text of The 4th Amendment and don’t see the term “community caretaking”, nor either word (“community” or “caretaking”) and I’m rather positive the word “except” (followed by a laundry list of Democrat wet dreams) is nowhere near being in The 4th Amendment either.
And please remember, not only the 9th Circus Court of Appeals, but also the 4th Circuit Court of Appeals ruled that you do not have any reasonable expectation of privacy even in your own driveway - and SCOTUS has steadfastly refused to give cert to any challenge to either ruling and of course, that denial is 5-4, with ‘Him’ voting with the typical Democrats.
IMHO, ‘Him’ is gonna be one of the major causes of “it” kicking off.