SCOTUS Destroys the “Community Caretaking Doctrine” and Some Case Updates – FIS 64



The SCOTUS issued an opinion today protecting the sanctity of the Fourth Amendment protections of the home, which also served as an anti-red-flag ruling, restricting the police from performing warrantless searches of homes to seize firearms. This is just in time for recent updates on two of our search and seizure cases with the same or similar issues: the Putnam County drug task force search case and the WV Family Court Judge Search case.

SCOTUS Destroys the “Community Caretaking Doctrine” and Some Case Updates

Link to the opinion: https://www.supremecourt.gov/opinions/20pdf/20-157_8mjp.pdf

PS: I’ve had to downsize the live videos for the season due to being so busy, to just Monday evenings at 7pm. Just way too much going on at the moment! Make sure to join me next Monday…..

source

50 thoughts on “SCOTUS Destroys the “Community Caretaking Doctrine” and Some Case Updates – FIS 64”

  1. The fact that this was a "UNANIMOUS" ruling from the Supreme Court should give pause to any state legislature which attempts to further enact or strengthen existing Red Flag laws.

  2. Seizure of a firearm under Red Flag laws are adjudicated by a Judge! Stop fearmongering about red flag laws. Individuals have to PROVE a person is a danger to themselves or someone else prior to seizure of firearm. Additionally, the person CAN get their seized firearm returned.

  3. Cops are trained to holler "stop resisting". They are hoping there is no video. Just like they holler "show me your hands" when the video clearly shows the hands being held out in plain view. Never take the officer's word for anything. Too many are proving to be untrustworthy.

  4. Clarence Thomas is the greatest justice? Is this your opinion or some hierarchical term? Clarence Thomas is trying to make all birth control illegal. Not like we all wouldn't love Mr. Thomas at the foot of our bed keeping score, I'm just saying.

  5. I'm confused. If the wife lived there too, isn't asking them to do the welfare check and go to the home of her and her husband, permission? I never stand on the cop side, this is a legitimate question.

  6. If you are handcuffed and prone on the ground with as little as 50 lbs on your back your thoracic cavity does not have the room to expand which is necessary to breathe. Now in a stressful situation like an arrest, your body will want to deep breathe which requires even more chest (thoracic) expansion. Now the problem is amplified when you have 2-3 or more cops on you there could be 600 lbs preventing chest expansion

  7. I find it odd that a police officer is not responsible for a subdued citizens health and safety but a soldier is for a subdued POW. A soldier can be found derelict of duty if their prisoner comes to any harm or negligence (food, water, shelter) while under their charge and the UCMJ does not look upon this lightly.

  8. Just read this community care plan for cops came out on 1994. Hmm…was this part of Bidens great 1994 crime bill. It's pretty easy to find that this is not about warrants for homes. That's was justice Thompson says. This could easily be abused Iike so many other things police do. Biden helped make cops feel they have more power to do that they want. It's obvious the cops of today are not the same cops of the ones I grew up with. It's insane.

  9. Man, you make so many good points, then say crap like "health department fascists".

    They ain't perfect, and yeah, sometimes someone oversteps their bounds, but the non-government side of the equation isn't any better. I don't trust any restaurant to voluntarily abide by health code any more than I expect any officer to voluntarily abide by the law. And a corporation doesn't have civil rights (or at least they shouldn't) the owners and workers, absolutely, but the business? Get outta here with that noise. You want rats in your kitchen at home and share e coli with your neighbors? Go for it. Want to do it in a public venue? Get shut down.

  10. The 6th cicuit court of appeals ruled that chaulking tires of your vehicle was a 4th amendment issue.
    This same opinion was stated in the 9th circuit court of appeals referring to established case law of the 6th circuit.
    I made the state of maine and the town of Farmington to stop touching vehicles. They also like to leave a thumb print on the trunk or tail light which falls in this ruling.

  11. OMG!! HOW THE HELL IS IT OK FOR JUDGES TO MEET AND DISCUSS CASES. TRYING TO SAND BAG THE PROCEEDINGS!!!! IM MORE AND MORE AMAZED EVERYDAY BY THE ACTS OF OUR JUDICIAL AND EXECUTIVE BRANCH!!!!!!!
    AS IVE SAID BEFORE; I LIVE IN RALEIGH COUNTY WEST VIRGINIA. SINCE MOVING BACK HOME, IM STUNNED BY THE CORRUPTION!!
    COMMENTS IN BOLD DUE TO MY OUTRAGE!!!!!!!!!

  12. There is cases of excessive force. When hog tieing arrestes. In one case an individual in police custody was placed on his belly died from asphyxiation. Without any law enforcement officer on the individuals back or neck.
    When at that time, hobble restraints were widely used in law enforcement. Until this case. Thanks !!

  13. ALL cops are murderous thugs.The pigs in the FLOYD case should be prosecuted for murder with civil rights lynching enhancements as well as for the damages of the rightful uprising caused by his murder…

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top