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Supreme Court To Decide If Police Can Warrantlessly Raid Homes And Seize Guns Of Innocent Citizens
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.
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