The U.S. Supreme Court. (Courthouse News photo/Jack Rodgers)
WASHINGTON (CN) Following a May ruling from the U.S. Supreme Court stunting the “community caretaking” authority of police, Justice Brett Kavanaugh stressed Tuesday that officers can still enter a home without a warrant under certain conditions.
The brief concurring opinion from the Donald Trump appointee came in the case of Kenneth Sanders, an Iowa man who pleaded guilty to unlawfully possessing a firearm after a domestic violence call.
When officers arrived on the scene, they heard a child crying after the visibly beaten mother opened the door to fetch Sanders. The officers used that child’s cry and the mother’s bruises as grounds for a warrantless entry before discovering a weapon stuffed in a couch.
SCOTUS Rules Against Warrantless Search, Seizures by Law Enforcement
Implications of unanimous decision apply to weapons confiscation
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In a unanimous decision on Monday, the US Supreme Court ruled against warrantless police seizures and searches of a person’s home, arguing that such practices are unconstitutional.
The ruling stems from the Caniglia v Strom case, which saw officers in Rhode Island take Edward Caniglia into custody and submit him to a psychological evaluation under the premise of a suicide-risk welfare check.
While Caniglia was under evaluation, officers located and seized his firearms and ammunition without a warrant. At the time, the welfare check had been requested by Caniglia’s wife, Kim, after the pair had a heated argument.
Wisconsin congressman took a stand against Republican lies and then turned chicken. By Bruce Murphy - May 11th, 2021 04:22 pm //end headline wrapper ?>Mike Gallagher. Photo is in the Public Domain.
There was an
Errol Flynn-like swashbuckler feel to Republican congressman
Mike Gallagher’s description of his actions during the January 6 Capitol riot. The former Marine officer, who completed two tours of duty in Iraq, recalled that as the rioters busted into the Capitol building and began calling for Vice President
Mike Pence to be hung, he grabbed his ceremonial Marine sword. “I took my sword from its display case on the wall of my congressional office, it seemed like the most practical weapon with which I could defend myself.”