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Supreme Court Will Decide Whether Police Can Enter A Home To Seize Guns Without A Warrant
Forbes ^ | February 5 | Evan Gerstmann

Posted on 02/06/2021 10:52:31 AM PST by PghBaldy

The 4th Amendment right against warrantless searches of a person’s home is a pillar of Americans’ constitutional liberties. Before a police officer, or any other government official, can enter your home, they must show a judge that they have probable cause that they will discover specific evidence of a crime.

There are some limited exceptions to this right. There is an “exigent circumstances” exception. If a police officer looks through a home’s window and sees a person about to stab another person, the officer can burst through the door to prevent the attack. There is also the “emergency aid” exception. If the officer looked through the same window and saw the resident collapsing from an apparent heart attack, the officer could run into the house to administer aid. Neither of these cases violates the 4th Amendment and few would argue that it should be otherwise.

However, there is a broader cousin to these amendments called the “community caretaking” exception.

(Excerpt) Read more at forbes.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events
KEYWORDS: 2a; 2ndamendment; 4a; 4thamendment; banglist; fourthamendment; guns; illegalsearch; illegalseizure; rkba; scotus; search; searchwarrant; secondamendment; seizure
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To: PghBaldy

Don’t know about the rest of you, but I own two types of Firearms, the ones that I bought from an FFL which required a Background Check and me filling out Form 4473 and the rest of them.

I always keep them separated for their own protection.


121 posted on 02/06/2021 3:25:16 PM PST by Kickass Conservative (Trump - Make America Great Again / Biden - Make American Grovel Again...)
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To: weston
Now that progressives have taken control of the DOJ..

You know, in retrospect, it seems the DOJ was democrat controlled even with Trumps AG's, neither of whom did much good. The FBI sure didn't work with Trump.

122 posted on 02/06/2021 3:33:44 PM PST by PROCON (Molon Labe)
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To: melsec

Yea, ask to fib agents this week... oh, ask ONE of those 3 agents...


123 posted on 02/06/2021 3:52:38 PM PST by apostoli (“Violence has no place...” Then stop re-naming our streets after people that burn down cities!)
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To: kiryandil

Does every last House democrat want to wear HR 127 around his/her neck in 2022?

“Yeah, I voted to register all your guns. Don’t like my attitude? Then diselect me, you rightwing gun nuts!!”

It’s not even in committee yet, has no sponsors, and was introduced by the most unpopular Dem of them all, Sheila Jackalee.


124 posted on 02/06/2021 5:21:31 PM PST by elcid1970 ("Pres. Trump doesn't wear glasses. That's because he's got 2020.")
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To: Political Junkie Too

Great commentary. Thanks.


125 posted on 02/06/2021 5:26:28 PM PST by Fightin Whitey
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To: packrat35

“Supreme court better not screw this up unless they really do want a ...”

It occurred to me that one or more of our SCOTUS judges could conceivably have gotten read the riot act by the DS. What’s the best way to get compliance from an unwilling parent? Ask M Flynn. Which SCOTUS justice has the most to lose if he/she goes against the DS? Besides the CJ, that is?


126 posted on 02/06/2021 5:32:08 PM PST by SecAmndmt (Aim small, miss small)
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To: lombardwarrior2

ROB THE BANK

FIRE UP THE GENERATOR

AND DRIVE WITHOUT A LICENSE

To hell with’em, they will have to put an officer on me 24/7 and I still don’t care!


127 posted on 02/06/2021 5:38:15 PM PST by 5th MEB (Progressives in the open; --- FIRE FOR EFFECT!!)
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To: elcid1970
Using 4473 forms to determine if someone has guns is illegal at the Federal level. National gun registries are also illegal at the Federal level.

You must fall for most of what the government tells you. You think NCIS data isn't recorded and stored? FBI/DHS can probably produce a list of all buyers and guns they have/had over the past 30 years or more. A registry exists, it just hasn't been revealed yet.

128 posted on 02/06/2021 5:52:39 PM PST by damper99
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To: circlecity

No Hablo ingles


129 posted on 02/06/2021 6:01:13 PM PST by Red in Blue PA (You can vote your way into socialism, but you have to shoot your way out.)
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To: PghBaldy

Shudder...


130 posted on 02/06/2021 6:13:45 PM PST by DoughtyOne (The Republican Party is dead. Long live the Founders Party.)
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To: circlecity; Bell Bouy II

I’ll have my guns regardless. And you will lose yours?

Or you are the trolls looking to see what the FR reaction is to warrant-less gun searches.

There is no way such a decision from SCOTUS allowing warrantless searches will be enforceable.

No one knows who has what. Its that simple.


131 posted on 02/06/2021 6:46:11 PM PST by Candor7 ((Obama Fascism:http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html) )
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To: John S Mosby

Francis Marion was the greatest fighter of the American Revolution IMHO.

The main character of the movie “The Patriot” in that movie called ‘Benjamin martin” was modeled after Francis Marion.

To tell the truth, if America has to go through a basic re-ordering, then Marion’s work and tactics will help us re-secure our nation in Freedom.


132 posted on 02/06/2021 6:55:52 PM PST by Candor7 ((Obama Fascism:http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html) )
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To: Big Red Badger

My pleasure. It is definitely worth the 2 minute watch


133 posted on 02/06/2021 7:01:29 PM PST by Jarhead9297
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To: pepsi_junkie

You are exactly correct and that’s why Gowdy is missed by me.


134 posted on 02/06/2021 7:02:19 PM PST by Jarhead9297
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To: PghBaldy

This has been decided already. How many times do the courts have ti revisit it.


135 posted on 02/06/2021 7:03:39 PM PST by I got the rope
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To: lombardwarrior2
What are you going to do?

you really don't want to know.

136 posted on 02/06/2021 7:11:53 PM PST by zeugma (Stop deluding yourself that America is still a free country.)
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To: elcid1970

But they won’t use red-flag laws against known criminals.

Democrats frown on targeting gang databases with ‘red flag’ laws
https://www.washingtonexaminer.com/news/congress/democrats-frown-on-targeting-gang-databases-with-red-flag-law


137 posted on 02/06/2021 7:47:44 PM PST by tbw2
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To: carriage_hill

But they won’t use red-flag laws against known criminals.

Democrats frown on targeting gang databases with ‘red flag’ laws
https://www.washingtonexaminer.com/news/congress/democrats-frown-on-targeting-gang-databases-with-red-flag-law


138 posted on 02/06/2021 7:48:28 PM PST by tbw2
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To: 2aProtectsTheRest

“ANY time there’s ANY possibility you COULD be suspected of doing something vaguely unlawful, SAY NOTHING. KEEP YOUR MOUTH SHUT. Contact an attorney and go from there.”

Watch Dateline ONE time and you will never talk to anyone without an attorney again.


139 posted on 02/06/2021 8:09:18 PM PST by Reddy ( B.O. stinks)
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To: Candor7

In the Disney tv series years ago Marion was played by Leslie Nielsen (amazingly doing some good acting) 1959-1961 Walt Disney Presents. Long time back.

Mel Gibson’s Benjamin Martin character and the Spanish Mission swamp scene HQ is a parallel to the real Marion HQ which was Snow’s Island in the SC Low Country swamp of the Wateree and Congaree Rivers. Marion clashed a lot with Banastre Tarleton- a real vicious piece of work dragoon.

Marion and Robert E.Lee’s father “Light Horse Harry” Lee fought together under General Nathanael Greene- to capture Fort Watson on the Santee River and Fort Motte at the convergence of the Wateree & Congaree not far from Snow’s Island. Both times Lee’s Continental Dragoons faced off Banastre Tarleton.

All to defeat the Brits in the South and drive them out— to lose at Yorktown. But of course the rewriters of American History have to get rid of Harry Lee and all the Lees of Virginia— they having nothing to do with winning our Freedom for the Republic. Real history is quite marvelous— how we became a Freedom loving country to come this far to be denied? No- don’t think so.


140 posted on 02/06/2021 8:38:43 PM PST by John S Mosby (Sic Semper Tyrannis)
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