Police Can't Enter a Home & Seize Firearms Without a Warrant Under "Community Caretaking Exception"

Neither the holding nor logic of Cady justifies such warrantless searches and seizures in the home. Cady held that a warrantless search of an impounded vehicle for an unsecured firearm did not violate the Fourth Amendment. In reaching this conclusion, the Court noted that the officers who patrol the “public highways” are often called to discharge noncriminal “community caretaking functions,” such as responding to disabled vehicles or investigating accidents. 413 U. S., at 441. But searches of vehicles and homes are constitutionally different, as the Cady opinion repeatedly stressed. Id., at 439, 440– 442. The very core of the Fourth Amendment’s guarantee is the right of a person to retreat into his or her home and “there be free from unreasonable governmental intrusion.” Florida v. Jardines, 569 U. S. 1, 6. 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 them anywhere.  Full Opinion here: CANIGLIA v. STROM, 593 US ___ (2021) https://www.supremecourt.gov/opinions/20pdf/20-157_8mjp.pdf Anton Vialtsin, Esq. LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law https://lawstache.com (619) 357-6677 Do you want to buy our Lawstache merchandise? Maybe a t-shirt? https://lawstache.com/merch/ Want to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101 Want to learn about our recent victories? https://lawstache.com/results-notable-cases/ If you"d like to support this channel, please consider purchasing some of the following products. We get a little kickback, and it does NOT cost you anything extra: *Calvin Klein Men"s Dress Shirt Slim Fit Non-iron, https://amzn.to/3zm6mkf *Calvin Klein Men"s Slim Fit Dress Pant, https://amzn.to/3G8jLQG *Johnson and Murphy Shoes, https://amzn.to/3KmfX0Y *Harley-Davidson Men"s Eagle Piston Long Sleeve Crew Shirt, https://amzn.to/43gFtMC *Amazon Basics Tank Style Highlighters, https://amzn.to/3zwOEKZ *Pilot Varsity Disposable Fountain Pens, https://amzn.to/40EjSfm *Apple 2023 Mac Mini Desktop Computer, https://amzn.to/3Km2aGC *ClearSpace Plastic Storage Bins, https://amzn.to/3Kzle5q Are you are a Russian speaker? Вы говорите по-русски? https://russiansandiegoattorney.com Based in San Diego, CA Licensed: California, Nevada, and Federal Courts The San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are e...