Held: Neither the holding nor logic of Cady justifies such warrantless searches and seizures in the home. Cady held that a warrantless search of an impounded vehicle for an unsecured firearm did not violate the Fourth Amendment. In reaching this conclusion, the Court noted that the officers who patrol the “public highways” are often called to discharge noncriminal “community caretaking functions,” such as responding to disabled vehicles or investigating accidents. 413 U. S., at 441. But searches of vehicles and homes are constitutionally different, as the Cady opinion repeatedly stressed. Id., at 439, 440– 442. The very core of the Fourth Amendment’s guarantee is the right of a person to retreat into his or her home and “there be free from unreasonable governmental intrusion.” Florida v. Jardines, 569 U. S. 1, 6. A recognition of the existence of “community caretaking” tasks, like rendering aid to motorists in disabled vehicles, is not an open-ended license to perform them anywhere. Pp. 3–4. 953 F. 3d 112, vacated and remanded. [More]
I just checked Twitter and as of this posting have not seen one national "commonsense gun safety group" react and inform its supporters.
MSNBC doesn't feel much like talking about it either.
David,
ReplyDeleteAlso note this opinion is UNANIMOUS.
You may want to aggregate this with Updates.
That would help all of us who care.
SCOTUS is not the arbiter of the God given, natural law right of the free individual, to protect himself by any means available. ‘THEY’ got nothing right.
ReplyDeleteRE: SCOTUS Gets One Right
ReplyDeleteI remember hearing something about blind pigs or busted clocks or whatever.
Tier2: What part of Article 3, Section 2 did they abuse here? Please be specific.
ReplyDeleteCuriously, your position without elaboration seems to agree with Marbury, which is what I most commonly see attacked as a usurpation.
THE GUN OWNERS THEMSELVES WILL VOTE THEIR FREEDOM AWAY,then the day will come ,THEY'll KICK IN YOUR DOORS TO TAKE YOUR BIBLES AND YOUR WEAPONS,and KILL your children or anyone they feel like,THANK YOU COWARDS,for throwing away everyones freedom..AND ALL YOU WHO TOOK AN OATH TO GOD..remember he hates LIARS,and you all lied to him..
ReplyDelete