Update: 9-0 Unanimous ruling - Supreme Court to hear case regarding whether police can search for and seize firearms w/o a warrant.

BStork

Suck My Beak From The Back™️
OT Supporter
Apr 28, 2007
47,231

Cliffs: Police can currently use "community care" exception to search without a warrant if they reasonably feel that doing so will prevent harm / danger. 1st circuit court of appeals has ruled in favor of police.


This is the case.

What do y'all think? On the one hand, I believe that we should do more to act on reports of red flag issues. On the other, the 4th amendment shouldn't take a back seat based in the judgement of a person who has only 3 months or whatever of police training.
 
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BStork

BStork

Suck My Beak From The Back™️
OT Supporter
Apr 28, 2007
47,231
The problem is 'community care' will be abused to hell and back anytime they need an excuse.

I agree. And, too, if an officer had any previous complaints against them, would that immediately call into question their judgement?
 
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MZ2215

Yep
Jul 21, 2001
14,958
Michigan
The problem is 'community care' will be abused to hell and back anytime they need an excuse.

Yeah it's way too vague

Unlike the “exigent circumstances” and “emergency aid” exceptions, the community caretaking exception is not limited to circumstances where there is no time to apply for a warrant. And the question of what sort of caretaking falls under this exception is extremely vague. Will the police be able to use it to, for example, conduct warrantless searches of political protesters’ homes to make sure they aren’t planning on violent behavior at their next political rally? The Supreme Court is going to take a very close look at this case and there is a good chance that they will overrule the lower court’s decision.
 

Chuck Finley

Florida Man | Infamous ROFL Spammer
Super Moderator
May 1, 2002
120,346
St Pete, FL
"While he was on his way to the hospital, Mrs. Caniglia told the police that her husband kept two handguns in the home. The police decided to search his home for the guns without obtaining a warrant. (Mrs. Caniglia’s consent to have the police search their home was legally negated because the police untruthfully told her that her husband had consented to the seizure of any guns.)"

Yeah, we should definitely allow the police to invent reasons under "community care" to seize property absent a warrant. :rolleyes:
 
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BStork

BStork

Suck My Beak From The Back™️
OT Supporter
Apr 28, 2007
47,231
I have no problem after conviction of a felony and proof that the item was acquired by the profits

I could maybe get behind that, but there needs to be an actual forensic accounting type investigation, separate from a criminal trial, to prove that IMHO
 

Gaunt

blood for the blood god
OT Supporter
Apr 16, 2005
11,068
KC
WTF. throwing out the 4th amendment. this is like the british coming into my house to make sure I don't have any "illegal" items

The Fourth Amendment to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures. In addition, it sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized.
 

whatever

OT Supporter
Feb 18, 2004
214,030
Get stopped by a cop with 1k cash on you? Sorry for your bad luck friend, police might just legally take that from you and hold it until you can prove that you lawfully had money.
also bullshit.
 

jrmcm

Cocaine and cocaine accessories
Oct 9, 2001
78,459
Plano, TX
"While he was on his way to the hospital, Mrs. Caniglia told the police that her husband kept two handguns in the home. The police decided to search his home for the guns without obtaining a warrant. (Mrs. Caniglia’s consent to have the police search their home was legally negated because the police untruthfully told her that her husband had consented to the seizure of any guns.)"

Yeah, we should definitely allow the police to invent reasons under "community care" to seize property absent a warrant. :rolleyes:
Wait, so their "community care" reasoning was so rock solid, that at first they decided to lie and knowingly obtain an illegal search?
 
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Gaunt

blood for the blood god
OT Supporter
Apr 16, 2005
11,068
KC
Get stopped by a cop with 1k cash on you? Sorry for your bad luck friend, police might just legally take that from you and hold it until you can prove that you lawfully had money.
This reminds me, If i have large amounts of cash on me, I should just keep a car bill of sale with it. was a cash transaction.
 
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CraneCamsOU

Well-Known Member
Sep 1, 2003
1,859
cops shouldn't be allowed to lie to you either. :eek5: fuck it lets nutter all their bullshit.
US is one of the few 1st world countries many banana republics with overreaching gov't powers where it's legal for police to straight up lie during interrogation. "Oh you better say Johnny did it because he already said you did. Come clean and we'll take care of you"
 
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