Skip to main content
×
Blacklisted Listed News Logo
Menu - Navigation
Menu - Navigation

Cited Sources

2nd Smartest Guy in the World
2nd Amendment Shirts
10th Amendment Center
Aaron Mate
Activist Post
AIER
Aletho News
Ammo.com
AmmoLand
Alliance for Natural Health, The
Alt-Market
American Free Press
Antiwar
Armstrong Economics
Art of Liberty
AUTOMATIC EARTH, The
Ben Bartee
Benny Wills
Big League Politics
Black Vault, The
BOMBTHROWER
Brandon Turbeville
Breaking Defense
Breitbart
Brownstone Institute
Burning Platform, The
Business Insider
Business Week
Caitlin Johnstone
Campus Reform
CAPITALIST EXPLOITS
Charles Hugh Smith
Children's Health Defense
CHRISTOPHE BARRAUD
CIAgate
Citizen Free Press
Citizens for Legit Gov.
CNN Money
Collective Evolution
Common Dreams
Conscious Resistance Network
Corbett Report
Counter Signal, The
Cryptogon
Cryptome
Daily Bell, The
Daily Reckoning, The
Daily Veracity
DANERIC'S ELLIOTT WAVES
Dark Journalist
David Haggith
Defense Industry Daily
Defense Link
Defense One
Dennis Broe
DOLLAR COLLAPSE
DR. HOUSING BUBBLE
Dr. Robert Malone
Drs. Wolfson
Drudge Report
Economic Collapse, The
ECONOMIC POPULIST, The
Electronic Frontier Foundation
Ellen Brown
Emerald Robinson
Expose, The
F. William Engdahl
FAIR
Farm Wars
Faux Capitalist
FINANCIAL REVOLUTIONIST
Forbes
Foreign Policy Journal
FOREXLIVE
Foundation For Economic Freedom
Free Thought Project, The
From Behind Enemy Lines
From The Trenches
FUNDIST
Future of Freedom Foundation
Futurism
GAINS PAINS & CAPITAL
GEFIRA
Geopolitical Monitor
Glenn Greenwald
Global Research
Global Security
GM RESEARCH
GOLD CORE
Grayzone, The
Great Game India
Guadalajara Geopolitics
Helen Caldicott
Homeland Sec. Newswire
Human Events
I bank Coin
IEEE
IMPLODE-EXPLODE
Information Clearing House
Information Liberation
Infowars
Insider Paper
Intel News
Intercept, The
Jane's
Jay's Analysis
Jeff Rense
John Adams
John Pilger
John W. Whitehead
Jonathan Cook
Jon Rappoport
Jordan Schachtel
Just The News
Kevin Barret
Kitco
Last American Vagabond, The
Lew Rockwell
Le·gal In·sur·rec·tion
Libertarian Institute, The
Libertas Bella
LIBERTY BLITZKRIEG
LIBERTY Forcast
Liberty Unyielding
Market Oracle
Market Watch
Maryanne Demasi
Matt Taibbi
Medical Express
Media Monarchy
Mercola
Michael Snyder
Michael Tracey
Middle East Monitor
Mike "Mish" Shedlock
Military Info Tech
Mind Unleashed, The
Mint Press
MISES INSTITUTE
Mises Wire
MISH TALK
Money News
Moon of Alabama
Motherboard
My Budget 360
Naked Capitalism
Natural News
New American, The
New Eastern Outlook
News Deck
New World Next Week
Nicholas Creed
OF TWO MINDS
Off-Guardian
Oil Price
OPEN THE BOOKS
Organic Prepper, The
PANDEMIC: WAR ROOM
PETER SCHIFF
Phantom Report
Pierre Kory
Political Vigilante
Public Intelligence
Rair
Reclaim The Net
Revolver
Richard Dolan
Right Turn News
Rokfin
RTT News
Rutherford Institute
SAFEHAVEN
SAKER, The
Shadow Stats
SGT Report
Shadowproof
Slay News
Slog, The
SLOPE OF HOPE
Solari
South Front
Sovereign Man
Spacewar
spiked
SPOTGAMMA
Steve Kirsch
Steve Quayle
Strange Sounds
Strike The Root
Summit News
Survival Podcast, The
Tech Dirt
Technocracy News
Techno Fog
Terry Wahls, M.D.
TF METALS REPORT
THEMIS TRADING
Tom Renz
True Activist
unlimited hangout
UNREDACTED
Unreported Truths
Unz Review, The
VALUE WALK
Vigilant Citizen
Voltaire
Waking Times
Wall Street Journal
Wallstreet on Parade
Wayne Madsen
What Really Happened
Whitney Webb
winter oak
Wolf Street
Zero Hedge

Supreme Court to Decide if Police Can Warrantlessly Raid Homes and Seize Guns of Innocent Citizens

Published: February 9, 2021 | Print Friendly and PDF
  Gab

(Support Free Thought) -

Last week, the Free Thought Project reported on HR 127, the most tyrannical gun bill ever proposed. The bill would target the poor by forcing citizens to pay $800 per year to possess firearms that they are required to register. It also bans multiple legal guns and ammo types, turning tens of millions of Americans into felons over night. While this bill is, without a doubt, the worst gun bill in history, it didn’t lay out any guidelines for violating a citizen’s Fourth Amendment right. Next month, however, the Supreme Court will be considering exactly that — can cops enter a home to seize guns without a warrant?

That escalated quickly.

In March, the Supreme Court will hear the case of Caniglia v. Strom, which asks the question of whether the “community caretaking” exception to the Fourth Amendment’s warrant requirement extends to the home.

The community caretaker exception, has already been recognized as an exception to the Fourth Amendment by the United States Supreme Court. In Cady v. Dombrowski, 413 U.S. 433 (1973), the United States Supreme Court held that police officers did not violate the Fourth Amendment when they searched the trunk of a car that had been towed after an accident.

The Court acknowledged that, “except in certain carefully defined classes of cases,” police cannot search private property without consent or a warrant. It emphasized, however, that “there is a constitutional difference between houses and cars.” Since Cady, there has been a whole host of cases that took this holding and created the doctrine of “community caretaking.” Cady defined community caretaking activities as those “totally divorced from the detection, investigation, or acquisition of evidence relating to the violation of a criminal statute.”

In other words, as long as an officer might reasonably think that a warrantless search will alleviate a danger to the community, the search is considered constitutional. This was in vehicles, not homes.

While the caretaker exception has long been applied to vehicles, the idea of applying it to homes and allowing cops to seize guns without a warrant is worrisome. In an article from Forbes, the case of Caniglia v. Strom, is explained:

Mr. Caniglia was arguing with his wife and melodramatically put an unloaded gun on the table and said “shoot me now and get it over with.” His wife called a non-emergency number for the police who arrived shortly thereafter. The police disagreed about whether Mr. Caniglia was acting “normal” or “agitated” but they convinced him to take an ambulance to the local hospital for evaluation. The police did not accompany him.

While he was on his way to the hospital, Mrs. Caniglia told the police that her husband kept two handguns in the home. The police decided to search his home for the guns without obtaining a warrant. (Mrs. Caniglia’s consent to have the police search their home was legally negated because the police untruthfully told her that her husband had consented to the seizure of any guns.) The police located and seized the two guns. Mr. Caniglia sued for the violation of his 4th Amendment right to privacy and his 2nd Amendment right to keep handguns in the home for self-protection.

The case has been making its way through the courts, with the courts ruling in favor of warrantless searches. The federal court just below the Supreme Court, the 1st Circuit Court of Appeals ruled that it is fine and dandy for cops to warrantlessly search your home and take your guns because they need “elbow room” to provide safety.

“At its core, the community caretaking doctrine is designed to give police elbow room to take appropriate action when unforeseen circumstances present some transient hazard that requires immediate attention. Understanding the core purpose of the doctrine leads inexorably to the conclusion that it should not be limited to the motor vehicle context. Threats to individual and community safety are not confined to the highways,” the court wrote.

As Forbes points out, unlike the “exigent circumstances” and “emergency aid” exceptions, the community caretaking exception is not limited to circumstances where there is no time to apply for a warrant. And the question of what sort of caretaking falls under this exception is extremely vague. Will the police be able to use it to, for example, conduct warrantless searches of political protesters’ homes to make sure they aren’t planning on violent behavior at their next political rally?

We have already seen tech giants like Facebook hand over the private messages of those who talked about the events of January 6. If this ruling is upheld, it could pave the way for cops to raid the home of those who engage in peaceful discourse based solely on the premise that violence might happen.

President Biden has already labeled tens of millions of Americans who supported the pro-Trump rally in DC as “terrorists.”

Just a few weeks later and a DHS terror alert was issued for beliefs held by tens of millions of Americans like those who oppose lockdowns or who were upset over the outcome of the election. With the slippery slope of this case, these views could easily be included in the “elbow room” granted to police to carry out their “community caretaking” and subsequently raid homes and seize guns with no warrant.

Hopefully SCOTUS knocks down this ruling and cooler heads prevail. However, at the rate this tyranny is unfolding in 2021, that is not very likely.

TOP TRENDING ARTICLES


PLEASE DISABLE AD BLOCKER TO VIEW DISQUS COMMENTS

Ad Blocking software disables some of the functionality of our website, including our comments section for some browsers.


Trending Now



BlackListed News 2006-2023
Privacy Policy
Terms of Service