By Duncan Smith
The U.S. Supreme Court wasn’t worth much during the post-2020 election chaos, passing on one opportunity after another to affirm the Constitution’s requirement that only state legislatures can change voting rules and laws, not elected secretaries of state or state courts.
And while that cowardice will plague our country for a generation, perhaps, the high court is not a complete wash, as justices demonstrated on Monday.
In the rarest of rare — a unanimous ruling — they upheld the Fourth Amendment’s spirit and intent in a gun confiscation case that no doubt left the Marxist Biden regime madder than a wet cat.
USA Features News has more:
In a 9-0 decision, the high court ruled that police are not legally permitted to enter homes without a search warrant even in cases where doing so might be of benefit to the public interest.
The ruling strikes down a position among law enforcement and the Biden administration that entering without a warrant under a 'community caretaking' exception is justified.
The case, Caniglia v. Strom, examined whether police were acting lawfully and constitutionally when they entered a man's home and took his firearms without a warrant after he allegedly expressed thoughts of suicide and was taken to a hospital to be evaluated.
The officers entered the home under a 'community caretaking' exception which gives them authority to do so without a warrant if there could be benefits to the public. That has generally applied to vehicles but not to homes.
The Justice Department said in an amicus brief filed in support of the action that police ought to have access to homes without warrants in instances where they are 'objectively grounded in a non-investigatory public interest, such as health or safety.'
But justices ruled that such exemptions cannot be extended to homes because they are prevented by the Fourth Amendment, which requires police to not only obtain a warrant but to also list what actions are to be executed by officers.
What’s troubling about this is that two lower federal courts ruled that cops don’t have to have warrants to search a home and seize a person’s guns under this phony-baloney ‘community caretaking’ doctrine — which is nothing more than a constitutional workaround.
The Fourth Amendment means what it says: Cops have to have a warrant to search and seize property inside a home, period.
It’s good to see our high court agree on a fundamental constitutional protection for a change.
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