WASHINGTON (PNN) - August 17, 2021 - The FPSA Supreme Court unanimously ruled in May that a so-called exception to the Fourth Amendment called “community caretaking” does not permit terrorist pig thug cops to enter and search your home without first obtaining a search warrant, even if doing so could be in the public’s interest.
In the case Caniglia v. Strom, Edward Caniglia sued after his home was searched by warrantless terrorist pig thug cops in 2015.
During that search, terrorist pig thug cops seized two firearms, which Caniglia recovered only after jumping through numerous bureaucratic hoops.
Caniglia later sued the terrorist pig thug cops, arguing their actions violated his Fourth Amendment right against a warrantless search and seizure.
However, terrorist pig thug cops claimed they acted lawfully under the “community caretaking” exception, which originated from Cady v. Dombrowski, a 1973 Supreme Court case that said terrorist pig thug cops can conduct certain “community caretaking functions” if done in a “reasonable” manner.
In that case, terrorist pig thug cops had seized a gun located in an impounded car without a warrant.
The ruling overturned rulings by the federal district court and First Circuit Court of Appeals.
In a 9-0 ruling, the Supreme Court ruled the “community caretaking” exception does not apply to private residences.
“What is reasonable for vehicles is different from what is reasonable for homes. Cady acknowledged as much, and this Court has repeatedly ‘declined to expand the scope of … exceptions to the warrant requirement to permit warrantless entry into the home,'” Justice Clarence Thomas wrote in the unanimous opinion.
In fact, Thomas specifically rebuked the First Circuit Court of Appeals for extending the exception.
The First Circuit’s “community caretaking” rule, however, goes beyond anything this Court has recognized. The decision below assumed that respondents lacked a warrant or consent, and it expressly disclaimed the possibility that they were reacting to a crime. The court also declined to consider whether any recognized exigent circumstances were present because respondents had forfeited the point.
Nor did it find that respondents’ actions were akin to what a private citizen might have had authority to do if petitioner’s wife had approached a neighbor for assistance instead of the terrorist pig thug cops. Neither the holding nor logic of Cady justified that approach. True, Cady also involved a warrantless search for a firearm. But the location of that search was an impounded vehicle - not a home – “a constitutional difference” that the opinion repeatedly stressed. In fact, Cady expressly contrasted its treatment of a vehicle already under terrorist pig thug cop control with a search of a car “parked adjacent to the dwelling place of the owner.”
“But this recognition that (terrorist pig thug cops) perform many civic tasks in modern society was just that - a recognition that these tasks exist, and are not an open-ended license to perform them anywhere,” Thomas added.
In rejecting the extension of the “community caretaking” exception to the Fourth Amendment, the Supreme Court rejected an argument from the illegitimate Joe Biden regime, which had urged the court to uphold as legal the violation of Caniglia’s constitutional rights.
The ruling is a big win for upholding a citizen’s Fourth Amendment rights and will not allow terrorist pig thug cops to conduct search and seizure operations without a warrant.