Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 161-166 next last
To: Bayard; All

“Can’t seize guns that are lost to a boating accident a few years ago.”

We FReepers being the passionate former gun owners and horrible boaters that we all seem to be, there must be many bodies of water here in the domestic US that need to be declared Iron Bottom Sounds.


21 posted on 02/06/2021 11:15:27 AM PST by libstripper (juired in )
[ Post Reply | Private Reply | To 6 | View Replies]

To: PghBaldy

I can...WTH?!!!!


22 posted on 02/06/2021 11:17:32 AM PST by RoseofTexas
[ Post Reply | Private Reply | To 1 | View Replies]

To: Candor7

Don’t be stupid. This is how they are going to disarm Americans without shooting a shot.

You will get a letter in the mail:

Dear Candor7: We have a list of all the firearms you own that you signed at an FFL dealer. Turn in those arms in 30 days, or you will be in violation of said law. We (the gov) will seize your bank accounts, pension, 401k, close your utilities, take your drivers license.

What are you going to do?


23 posted on 02/06/2021 11:17:33 AM PST by lombardwarrior2
[ Post Reply | Private Reply | To 12 | View Replies]

To: momincombatboots

What about a rubber band?


24 posted on 02/06/2021 11:19:25 AM PST by waterhill (Rent-free is cool with me!)
[ Post Reply | Private Reply | To 4 | View Replies]

To: PghBaldy

Prediction: Robert’s comes down in the side that guts the constitution. (Yeah, I know. That’s as easy as predicting the sunrise). With his comments undermining the first amendment in the recent California Church case, that the court should not second guess government experts, I don’t see how he stands against warrantless searches when a government “expert” orders them. This guy is writing the constitution as he goes.


25 posted on 02/06/2021 11:19:42 AM PST by Yogafist
[ Post Reply | Private Reply | To 1 | View Replies]

To: PghBaldy

There is also the “plain view” exception, which can be accomplisehd after the fact by swearing.

If that fails, the remedy for violation of the so-called requirement for a warrant is the case is closed. The police are free to repeat as often as they feel is appropriate.


26 posted on 02/06/2021 11:21:19 AM PST by Cboldt
[ Post Reply | Private Reply | To 1 | View Replies]

To: PghBaldy

SCOTUS did not care about CCP seizing the USA
(they were paid off with Billions of $),

nor did they care the ObamaRomneyCARE was illegal
(Epstein Island’s and Malta’s Roberts lied),

nor would they protect either GEOTUS or the Am. People
(presumably their job description),

nor have they cared up the coverup of clean water
and curing medical technologies (except for themselves),

so Vegas will probably go for the
Maltese-,CCP-,Ukranian-,Vatican-run SCOTUS
to cut the necks of ALL Americans with their single
lying, seditious, treasonous, DS blade.


27 posted on 02/06/2021 11:25:40 AM PST by Diogenesis (Si Vis Pacem, Para Bellum)
[ Post Reply | Private Reply | To 1 | View Replies]

To: elcid1970

Canada also had massive non-complinace and eventually retreated, temporarily, from firearm registratrion.

Thugs in government will always come back to disarm the public though. As sure as the sun rises in the east.


28 posted on 02/06/2021 11:26:20 AM PST by Cboldt
[ Post Reply | Private Reply | To 11 | View Replies]

To: momincombatboots

Sounds painful.


29 posted on 02/06/2021 11:27:42 AM PST by Still Thinking (Freedom is NOT a loophole!)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Recompennation
Choose wisely grasshopper

SCROTUS doesn't care.

30 posted on 02/06/2021 11:29:05 AM PST by wastedyears (The left would kill every single one of us and our families if they knew they could get away with it)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Candor7
“I was taking them all out to a camp and the boat upset,”

As noted above unless this it really happened it is a dumb thing to say. You have no obligation to answer any questions. But if you lie you can be charged. The Feds are actually trained to get someone to lie to them when they have no evidence. Then they charge them for the lie. Or they manufacture a supposed lie. Say nothing and record everything.

31 posted on 02/06/2021 11:29:37 AM PST by circlecity
[ Post Reply | Private Reply | To 12 | View Replies]

To: carriage_hill

“Dear Mr. Jones: We hope you are doing much better after your heart attack, and we were pleased to be able to get to you in time since we were looking through your window anyway… By the way, while you were in the ICU, we had to remove all the firearms from your promises, per the Orders of the new Administration.
Sincerely Yours, —The Authorities”


32 posted on 02/06/2021 11:30:49 AM PST by mikrofon (Prayers for DJ Trump & Rush BUMP)
[ Post Reply | Private Reply | To 20 | View Replies]

To: Candor7

Florida doesnt have Root Cellars.....now what?
Attic crawlspace?

Under the doggie bed?

In the regrigerator under the apples?


33 posted on 02/06/2021 11:31:31 AM PST by Recovering Ex-hippie (The 2020 election Trump victory determines the fate f America and Freedom.)
[ Post Reply | Private Reply | To 12 | View Replies]

To: mikrofon

LOL, ain’t it the truth, now.


34 posted on 02/06/2021 11:32:17 AM PST by Carriage Hill (A society grows great when old men plant trees, in whose shade they know they will never sit.)
[ Post Reply | Private Reply | To 32 | View Replies]

To: PghBaldy

There is no DECISION to make: all they can do is affirm or deny what the Constitution says....


35 posted on 02/06/2021 11:33:04 AM PST by SoFloFreeper
[ Post Reply | Private Reply | To 1 | View Replies]

To: lombardwarrior2

what if I cant find them.....my house is so cluttered!


36 posted on 02/06/2021 11:33:40 AM PST by Recovering Ex-hippie (The 2020 election Trump victory determines the fate f America and Freedom.)
[ Post Reply | Private Reply | To 23 | View Replies]

To: PghBaldy

bttt


37 posted on 02/06/2021 11:34:08 AM PST by Pajamajan ( PRAY FOR OUR NATION. I will never be a peaceful slave in a new Socialist America.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: John S Mosby

JSM those quotes get a lot of airplay these days

Quite a collapse from 1/17 when we were riding high

Stolen


38 posted on 02/06/2021 11:34:31 AM PST by wardaddy ( IN 1999 JIM THOMPSON WAS RIGHT ABOUT THE BUSHES ...WE WERE WRONG)
[ Post Reply | Private Reply | To 18 | View Replies]

To: Jarhead9297

Interesting clip. Some of Gowdy’s scenarios that he used to illustrate the absurdity of the government’s position on 2nd amendment (can’t open a google account, can’t get a lawyer) are actually happening now, but it’s through Government / Business collusion (a.k.a. fascism). The government decides who the want to freeze and big tech and the media do the dirty work for them.


39 posted on 02/06/2021 11:35:07 AM PST by pepsi_junkie (Often wrong, but never in doubt!)
[ Post Reply | Private Reply | To 9 | View Replies]

To: lombardwarrior2

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.

What you describe is police gone rogue & lawless. There is no requirement to register one’s guns and a law requiring such will be unenforceable.

When the public believes that police not only have no obligation to protect the public just clean up the aftermath, and are now acting as an instrument of illegitimate rule, then all bets are off.

When the people regard police as nothing less than an armed enemy, the latter will have to kiss their families goodbye every morning before they start kicking in doors.


40 posted on 02/06/2021 11:35:12 AM PST by elcid1970 ("Pres. Trump doesn't wear glasses. That's because he's got 2020.")
[ Post Reply | Private Reply | To 23 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 161-166 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson