The U.S. Supreme Court did something right for a change.
In an unanimous ruling, they upheld a person's 4th Amendment rights in a case involving seizure of a man's guns from his home without a warrant.
This could put a major crimp on "red flag" laws that liberals have been pushing.
The Boston Globe reported:
PROVIDENCE — The US Supreme Court on Monday ruled that police in Rhode Island violated a Cranston man’s constitutional rights by seizing his guns without a warrant amid fears that he would kill himself.
Justice Clarence Thomas wrote the opinion for the unanimous high court, rejecting lower court arguments that the “community caretaking” exception to the warrant requirement allowed officers to seize the guns based on legitimate safety concerns for the man and his wife.
In a 1973 case, Cady v. Dombrowski, the Supreme Court had ruled that police may search a motor vehicle without first getting a warrant if they’re engaged in a “community caretaking” function rather than investigating a crime.
But Thomas said that searches of homes and vehicles are different from a constitutional standpoint.
“The very core of the Fourth Amendment’s guarantee is the right of a person to retreat into his or her home and ‘there be free from unreasonable governmental intrusion,’ ” he wrote. “A recognition of the existence of ‘community caretaking’ tasks, like rendering aid to motorists in disabled vehicles, is not an open-ended license to perform them anywhere.”
To read more, go here.
No comments:
Post a Comment