Protecting The Fourth Amendment

Sharyl Attkisson posted an article on her website today about a recent Supreme Court decision. Hopefully the decision will give pause to those politicians who want to take guns from law-abiding Americans.

The article reports:

The U.S. Supreme Court recently unanimously agreed that a warrantless search and seizure of a man’s firearms from within his home was unconstitutional.

The case involved a domestic argument between a husband and wife. The husband placed a handgun on the dining room table and asked his wife to “shoot [him] now and get it over with”. The wife left the home and returned the next morning with police.

The man reportedly agreed to go to the hospital for a psychiatric evaluation on the condition that the officers not confiscate his firearms. But the police allegedly told the man’s wife that he’d agreed to give up the firearms. So the wife allowed them to enter the home and take them.

The lower courts upheld the police conduct under a “community caretaking” exception to the Fourth Amendment search and seizure protection.

I posted an article about the incident in March. The thing about the story that bothered me most was that the police lied to both the husband and the wife in order to take the guns from the house. I don’t think police should lie to law-abiding citizens.

Also, when was the last time the Supreme Court agreed 9-0 on anything?

The article concludes:

The community caretaking exception is commonly considered to apply to vehicles when a law enforcement officer is giving aid to a motorist.

A recognition of the existence of “community caretaking” tasks, like rendering aid to motorists in disabled vehicles, is not an open-ended license to perform [warrantless searches and seizures] anywhere.

U.S. Supreme Court

If the exception had been upheld, it would have been a significant limitation of Fourth Amendment rights.

I am truly glad to see that ruling. It protects all of us.