The 4th Amendment right against warrantless searches of a person’s home is a pillar of Americans’ constitutional liberties. Before a police officer, or any other government official, can enter your home, they must show a judge that they have probable cause that they will discover specific evidence of a crime.
There are some limited exceptions to this right. There is an “exigent circumstances” exception. If a police officer looks through a home’s window and sees a person about to stab another person, the officer can burst through the door to prevent the attack. There is also the “emergency aid” exception. If the officer looked through the same window and saw the resident collapsing from an apparent heart attack, the officer could run into the house to administer aid. Neither of these cases violates the 4th Amendment and few would argue that it should be otherwise.
However, there is a broader cousin to these amendments called the “community caretaking” exception. It originally derives from a case in which the police took a gun out of the trunk of an impounded vehicle without first obtaining a warrant. The Supreme Court held that there is a community caretaking exception to the 4th Amendment’s warrant requirement because police perform “community caretaking functions, totally divorced from the detection, investigation, or acquisition of evidence relating to the violation of a criminal statute." The Court held that police activity in furtherance of these functions does not violate the 4th Amendment as long as it is executed in a “reasonable” manner.
Note that, unlike the first two exceptions, this exception is not limited to immediate emergencies. In the Supreme Court case just described there was only a general concern that vandals might eventually break into the impounded car and steal any weapons that were in the trunk. So the community care exception is far broader than the other two.
The 4th Amendment right against warrantless searches of a person’s home is a pillar of Americans’ constitutional liberties. Before a police officer, or any other government official, can enter your home, they must show a judge that they have probable cause that they will discover specific evidence of a crime.
There are some limited exceptions to this right. There is an “exigent circumstances” exception. If a police officer looks through a home’s window and sees a person about to stab another person, the officer can burst through the door to prevent the attack. There is also the “emergency aid” exception. If the officer looked through the same window and saw the resident collapsing from an apparent heart attack, the officer could run into the house to administer aid. Neither of these cases violates the 4th Amendment and few would argue that it should be otherwise.
However, there is a broader cousin to these amendments called the “community caretaking” exception. It originally derives from a case in which the police took a gun out of the trunk of an impounded vehicle without first obtaining a warrant. The Supreme Court held that there is a community caretaking exception to the 4th Amendment’s warrant requirement because police perform “community caretaking functions, totally divorced from the detection, investigation, or acquisition of evidence relating to the violation of a criminal statute." The Court held that police activity in furtherance of these functions does not violate the 4th Amendment as long as it is executed in a “reasonable” manner.
Note that, unlike the first two exceptions, this exception is not limited to immediate emergencies. In the Supreme Court case just described there was only a general concern that vandals might eventually break into the impounded car and steal any weapons that were in the trunk. So the community care exception is far broader than the other two.
Also, all three exceptions allow warrantless searches so long as the police officer acted “reasonably”. That is one of the easiest constitutional standards to meet and is a significantly lower standard than “probable cause”, which is required for...
Read More HERE
There are some limited exceptions to this right. There is an “exigent circumstances” exception. If a police officer looks through a home’s window and sees a person about to stab another person, the officer can burst through the door to prevent the attack. There is also the “emergency aid” exception. If the officer looked through the same window and saw the resident collapsing from an apparent heart attack, the officer could run into the house to administer aid. Neither of these cases violates the 4th Amendment and few would argue that it should be otherwise.
However, there is a broader cousin to these amendments called the “community caretaking” exception. It originally derives from a case in which the police took a gun out of the trunk of an impounded vehicle without first obtaining a warrant. The Supreme Court held that there is a community caretaking exception to the 4th Amendment’s warrant requirement because police perform “community caretaking functions, totally divorced from the detection, investigation, or acquisition of evidence relating to the violation of a criminal statute." The Court held that police activity in furtherance of these functions does not violate the 4th Amendment as long as it is executed in a “reasonable” manner.
Note that, unlike the first two exceptions, this exception is not limited to immediate emergencies. In the Supreme Court case just described there was only a general concern that vandals might eventually break into the impounded car and steal any weapons that were in the trunk. So the community care exception is far broader than the other two.
Also, all three exceptions allow warrantless searches so long as the police officer acted “reasonably”. That is one of the easiest constitutional standards to meet and is a significantly lower standard than “probable cause”, which is required for...
Read More HERE
Couldn't read because Forbes noticed I use an ad blocker, fluck them... I get the gist of the article. Gonna be fun when the agw start trying that, especially in redneck country. It will become a national sport to see who can rack up the most LE points...
ReplyDeletetextise.net is your friend, it gets around most ad-block-blockers
DeleteIs it nor reasonable to shot someone entering your property without your permission and against your will? Somehow needs to tell who ever is going to enforce these searches to kiss their family goodbye and make sure their paper work is in order. I would never take a knee to anyone or tried to enforce such an order. Washingtog, Jefferson, Adams, Franklin risked the noose to disobey such orders. I am no less a man than they are.
ReplyDeleteIf a fireman or firefighting person entered your property without your permission would you think it was reasonable to shoot them as soon as they entered the curtilage? I will defend my right to keep and bear with appropriate force, but I won't abuse that right, and I won't allow myself to be blasted into eternity for foolish reasons either.
DeleteDepends. Is there a fire?
DeleteMarkP
DeleteIs the fireman or firefighting person coming on my property in order to violate my Constitutional rights?
Sound like the government is trying to infringe upon my given rights.
ReplyDeleteThere would be a shortage of popo, quickly.
ReplyDeleteI once asked my local county sheriff if his people would be joining federal officers to confiscate guns if it came to that. simple answer, " NO ". ( this is Maine )
ReplyDeleteI once asked my local county sheriff if his people would be joining federal officers to confiscate guns if it came to that. simple answer, " NO ". ( this is Maine )
ReplyDeleteIt better be a unanimous NO! or again they gut the Fourth amendment
ReplyDeleteWe all know that this should be a 9-0 decision.. but the liberal justices will see fit to muddying the waters and deciding you have no rights
ReplyDelete