SCOTUS Destroys the “Community Caretaking Doctrine” and Some Case Updates – FIS 64 – Everything Law and Order Blog

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…..

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27 thoughts on “SCOTUS Destroys the “Community Caretaking Doctrine” and Some Case Updates – FIS 64”
  1. I've seen cop trainers worrying about "losing community care taking." It's not supposed to be a tool to use to wedge a loophole that allows cops to abuse our rights. Well, they abused it and I hope it's gone for good.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

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