The Supreme Court is weighing whether it’s permissible for the police to enter someone’s home without a warrant and take their guns under the Fourth Amendment. The Fourth Amendment of the Constitution:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The proposal is called “community caretaking,” and it’s no surprise that the Biden administration supports it. The surprising element to this is that the typically left-leaning civil rights groups oppose it. The American Civil Liberties Union (ACLU), Cato Institute, and American Conservative Union Foundation filed a brief opposing the policy, saying it could “give police free rein to enter the home without probable cause or a warrant.”
Forbes reports that the Supreme Court is hearing arguments about an example of police taking guns from a home. This case deals with police taking a man’s guns because he had threatened suicide. The supreme court’s decision on Caniglia v. Strom could set up cases where police could enter a home and lawfully take weapons without a warrant using the excuse of “community caretaking.”.
Today’s case about warrantless home searches in a TikTok minute. pic.twitter.com/DpcP5sQY1X
— SCOTUSblog (@SCOTUSblog) March 24, 2021
This case ended up in the Supreme Court because two lower courts sided with the police. The DOJ has also weighed in to side with the police.
This is a slippery slope and should not be approved. We’d like to know what you think. We consider this more government overreach by the Biden administration.