To: PghBaldy
However, there is a broader cousin to these amendments called the “community caretaking” exception. It originally derives from a case in which the police took a gun out of the trunk of an impounded vehicle without first obtaining a warrant. The Supreme Court held that there is a community caretaking exception to the 4th Amendment’s warrant requirement because police perform “community caretaking functions, totally divorced from the detection, investigation, or acquisition of evidence relating to the violation of a criminal statute." The Court held that police activity in furtherance of these functions does not violate the 4th Amendment as long as it is executed in a “reasonable” manner. I would think that "community caretaking" stops at someone's front door.
Since Griswold, the Third Amendment prevents agents of the government from monitoring a person's activities inside their home. "Community caretaking" inside one's home would be unconstitutional under the Third Amendment.
-PJ
10 posted on
02/06/2021 11:03:54 AM PST by
Political Junkie Too
(Freedom of the press is the People's right to publish, not CNN's right to the 1st question.)
To: Political Junkie Too
Correct me if I’m wrong but the third case listed in the article was about an impounded vehicle. Maybe it was stolen, abandoned or some other reason. While it sits at the impound lot the police could remove valuables in case thieves broke in. That is very different than entering a legally parked or occupied vehicle or a home.
To: Political Junkie Too
Great commentary. Thanks.
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson