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SCOTUS limits Police Power to Enter Homes With No Warrant
[FederalistPapers] The U.S. Supreme Court on Monday refused to make it easier for police to enter a home without a warrant for reasons of health or public safety, throwing out a lower court’s decision to dismiss a lawsuit brought by a Rhode Island man after officers entered his home and confiscated his guns.The 9-0 ruling directed the Boston-based 1st U.S. Circuit Court of Appeals to reconsider Edward Caniglia’s lawsuit accusing police of violating his constitutional rights by bringing him to a hospital for a mental health evaluation and taking away his guns without a warrant after a 2015 argument with his wife. Lower courts had ruled that police in the Rhode Island city of Cranston did not violate the Constitution’s Fourth Amendment ban on unreasonable searches and seizures. The case centered on a legal doctrine that gives officers leeway to engage in “community caretaking” to ensure public safety. In its ruling, the Supreme Court, which has previously applied this doctrine to vehicles, said it does not apply to the home as well. More at the link Posted by: badanov 2021-05-18 |
| http://www.rantburg.com/poparticle.php?ID=602171 |