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Drudge Retort: The Other Side of the News
Thursday, March 25, 2021

The U.S. Supreme Court heard oral arguments this week in a case that asks whether the Fourth Amendment's usual warrant requirement should be waived when the police conduct a warrantless home search while carrying out a so-called "community caretaker" function, such as when the cops perform a "wellness check" on a potentially troubled or injured person. Justice Sonia Sotomayor, one of the Court's biggest Fourth Amendment hawks, raised a few objections to giving the cops that much leeway to enter the home without a warrant.

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Sotomayor took issue with the lower court's judgment. "I am deeply concerned about the 1st Circuit's claim that there is no requirement that officers must select the least intrusive means of fulfilling community caretaking responsibilities," she told Marc Desisto, the attorney representing the Rhode Island officers and their superiors. For example, "why couldn't they ask the wife" for permission before entering the house? Why didn't the officers speak to a social worker or a psychiatrist? "How do we limit [the police] from substituting their own" judgment in such matters? Sotomayor demanded. "In this situation, there was no immediate danger," she said, yet the police "decided on their own to go in and seize the gun."

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The reason this case is up before the Supremes is really shocking. Rad about the actual case. Guy had to file a civil rights lawsuit.

This is about the security clause:

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The (racist) Framers had a real problem with Kings doing whatever they wanted. Which is why America is still institutionally racist after Obama.

#1 | Posted by HeliumRat at 2021-03-25 05:58 PM | Reply

"...such as when the cops perform a "wellness check" on a potentially troubled or injured person"

Whoa. Is anyone else extremely troubled by the vagueness? WTF is "wellness", as it's referred to here? And "potentially" "troubled"...? Does that exclude anyone?

#2 | Posted by Danforth at 2021-03-26 12:35 AM | Reply

Wellness check = welfare check with an updated name. Typically used to see if somebody died in their home or not.

#3 | Posted by sitzkrieg at 2021-03-26 08:11 AM | Reply

Don't leave your weed and guns on the f'n coffee table.

#4 | Posted by madscientist at 2021-03-26 10:46 AM | Reply

#3 A cop told me about one he went on. Him and his partner. They walked up to the house and knocked on the door. No answer, and they heard a gunshot from inside.

Now cops don't normally go into combat situations, so the pucker factor was high. Inside was a bunch of guns on the table, but nobody. This was an old lady. They cleared the house, and she was dead on her bed, suicide. He never found out why. I told him she probably thought they where there to evict her.

Stories like this are why 90% of police are opposed to gun confiscation. That's pretty career ending. What if just 1 in 10 ends wrong? Ask any cop.

#5 | Posted by HeliumRat at 2021-03-26 06:36 PM | Reply

Guns mostly kill the gun owner, so removing guns from a residence after removing the occupant because of concern over suicide seems reasonable to me.

I don't think suicidal people should have guns.

If cops are opposed to gun confiscation, maybe we should allow felons to possess guns.

#6 | Posted by bored at 2021-03-27 02:33 PM | Reply

maybe we should allow felons to possess guns.

#6 | POSTED BY BORED AT 2021-03-27 02:33 PM | REPLY

"Firearm rights are automatically restored 5 years after release from confinement or probation."

Extremely progressive of Texas to lead the way on civil rights restoration to felons that served their time.

#7 | Posted by sitzkrieg at 2021-03-27 05:36 PM | Reply

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