The “Community Caretaking” Exception Heads to the SCOTUS

The SCOTUS is taking up the so-called “community caretaking exception” to decide whether it is an applicable exception to the warrant requirement for the home, rather than just vehicles.

There is a vigorous debate about whether the community care exception can apply to searches of a person’s home as well as of their car. Vehicles have always had less 4th Amendment protection than homes, which are considered a person’s most private sphere. Federal courts have been divided on this question and the Supreme Court has not ruled on it until now.

https://www.forbes.com/sites/evangerstmann/2021/02/05/supreme-court-will-decide-whether-police-can-enter-a-home-to-seize-guns-without-a-warrant/?fbclid=IwAR3LLcehUSPLJDjT0_rVTkrNxp-eRBVc7uzFxVvEB8N3mFC-bubUwj8kVK4&sh=4d99c7b55bb4

This is actually the same “doctrine” Putnam County is asserting in the Michael Walker open carry case, which is being heard at the 4th Circuit in early March. Violate the 4th Amendment? No biggie, just claim you were looking out for the community…..

1 thought on “The “Community Caretaking” Exception Heads to the SCOTUS

  1. They better not enter my home….especially unannounced. We have the right to defend our homes if we are in fear fir our lives.

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