Thursday, March 25, 2021

Biden admin calls on SCOTUS to let police enter homes, confiscate guns without a warrant

On Wednesday, the U.S. Supreme Court will hear oral arguments in a case about whether law enforcement officers can enter people's home and confiscate guns without a warrant, Forbes reported.

Notably, as part of the case, the Biden administration and attorneys general from nine states are calling on the court to uphold warrantless gun confiscation.

Mr. Caniglia agreed only after police promised-albeit falsely-they would not confiscate his guns while he was away.

As Sibilla explained, the community caretaking exception was initially created by the Supreme Court about half a century ago and was designed for cases involving impounded cars and highway safety, because police are often called to car accidents to remove nuisances like inoperable vehicles on public roads.

The court mentioned that a police officer "Must act as a master of all emergencies, who is 'expected toprovide an infinite variety of services to preserve and protect community safety.'" By allowing law enforcement to act without a warrant, the community caretaking exception is "Designed to give police elbow room to take appropriate action," the court added.

Attorneys for Caniglia in their opening brief for the Supreme Court argued that "Extending the community caretaking exception to homes would be anathema to the Fourth Amendment" because it "Would grant police a blank check to intrude upon the home."

On the other hand, the Biden administration in its first amicus brief for the Supreme Court disregarded these worries and urged the court to uphold the First Circuit's ruling.

https://saraacarter.com/biden-admin-calls-on-scotus-to-let-police-enter-homes-confiscate-guns-without-a-warrant/ 

No comments: