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re: Supreme Court Will Decide Whether Police Can Enter A Home To Seize Guns Without A Warrant

Posted on 2/6/21 at 6:43 pm to
Posted by lsufball19
Franklin, TN
Member since Sep 2008
71301 posts
Posted on 2/6/21 at 6:43 pm to
quote:

Thats kinda what im saying, its not the consent or lack of warrant at issue.
its the scope of community caretaking doctrine which was originally aimed at vehicle 4th ammendment rights and if/what circumstances does it is extendable to the home.

Agreed. And it appears as if the only time this issue has come up in the SCOTUS has had to do with searches of automobiles and not homes, and precedent has shown that searching vehicles w/o a warrant provides a lot more leeway under 4th Amendment protections than warrant-les searches of homes. I do, however, think the Court ruling that the consent was legally negated is very significant here. There was no immediate threat of harm as the husband had already been taken away and detained. It wasn't an inventory search of an impounded vehicle. It wasn't in the course of providing emergency aid. And there was no public servant exception (public servants having fewer rights to privacy re searches than private citizens do). There's just not any SCOTUS case law on this being applied to a search of a home
Posted by Hurricane Mike
Member since Jun 2008
20059 posts
Posted on 2/6/21 at 6:44 pm to
There's so much wrong in that case, it should have never made it to the Supreme Court
Posted by blueboxer1119
Baton Rouge
Member since May 2013
9573 posts
Posted on 2/6/21 at 6:45 pm to
Todd Masson the fishing guy?

Marsh Man?
Posted by Fun Bunch
New Orleans
Member since May 2008
128036 posts
Posted on 2/6/21 at 6:46 pm to
quote:

If you're in a state militia.



You are one stupid motherfricker.
Posted by Boogalie
Mandeville, LA
Member since Oct 2016
254 posts
Posted on 2/6/21 at 6:48 pm to
Significant majority are, no doubt. Worrisome is if they are instructed in a way to infringe on our ownership in a way that the SCOTUS says is ok, the good guys will follow the orders, what a mess of a shite show that would be. Their jobs depend on their following those orders, doubt they would be principled enough to stick to core beliefs, they have families to feed.
Posted by lsufball19
Franklin, TN
Member since Sep 2008
71301 posts
Posted on 2/6/21 at 6:50 pm to
quote:

Significant majority are, no doubt. Worrisome is if they are instructed in a way to infringe on our ownership in a way that the SCOTUS says is ok, the good guys will follow the orders, what a mess of a shite show that would be. Their jobs depend on their following those orders, doubt they would be principled enough to stick to core beliefs, they have families to feed.


This case before the SCOTUS really has nothing to do with the 2nd Amendment. You could replace guns in this scenario with drugs and the same constitutional issues are present. This is a 4th Amendment case. There really isn't anything about this case that would likely result in having any effect on the 2nd Amendment
This post was edited on 2/6/21 at 6:51 pm
Posted by Kino74
Denham springs
Member since Nov 2013
5360 posts
Posted on 2/6/21 at 7:07 pm to
quote:

If you're in a state militia.


Read up on the Militia Act of 1792 then get back to us.

quote:

Why do you dolts keep repeating that? Even Scalia said it wasn't absolute.


And none of that entails every damn restriction leftists like you support.
Posted by Nguyener
Kame House
Member since Mar 2013
21057 posts
Posted on 2/6/21 at 7:08 pm to
quote:

Enter A Home To Seize Guns Without A Warrant

Um what the frick?

How is this even a debate?

No you cannot enter a home without a warrant to seize property
Posted by dcrews
Houston, TX
Member since Feb 2011
32130 posts
Posted on 2/6/21 at 7:11 pm to
quote:

Any conservatives on here still think cops are the good guys?


Yes because I don't ignorantly make sweeping generalizations about groups of people.
Posted by McLemore
Member since Dec 2003
34808 posts
Posted on 2/6/21 at 7:12 pm to
quote:

Hell there Sotomayor and Kagan are 100% all in for the totalitarian left. So we are at best down 2-0 before the case is even heard.


And the irony is, this bullshite will certainly affect blacks disproportionately. For now anyway.
Posted by GoldenGuy
Member since Oct 2015
12748 posts
Posted on 2/6/21 at 7:18 pm to
quote:

Supreme Court Will Decide Whether Police Can Enter A Home To Seize Guns Without A Warrant


This is being overdramatic.

More Accurately:

quote:

Supreme Court Will Decide Whether A Last-Straw Argument Between Husband and Wife Is Legally Divorce
Posted by SCLibertarian
Conway, South Carolina
Member since Aug 2013
41007 posts
Posted on 2/6/21 at 7:21 pm to
quote:

Yes because I don't ignorantly make sweeping generalizations about groups of people.

And when this becomes constitutional and the community care doctrine usurps the 2nd Amendment, the cops will come after people like you first, since you blindly back the blue.
Posted by imjustafatkid
Alabama
Member since Dec 2011
62774 posts
Posted on 2/6/21 at 7:39 pm to
quote:

Any conservatives on here still think cops are the good guys?


All the time? No. In literally every instance that BLM screams about? Yes.
Posted by lsufball19
Franklin, TN
Member since Sep 2008
71301 posts
Posted on 2/6/21 at 7:40 pm to
quote:

And when this becomes constitutional and the community care doctrine usurps the 2nd Amendment

Why do you keep thinking this is aimed at the 2nd Amendment? This is very clearly a 4th Amendment issue. Guy uses gun to intimidate wife, which is a form of domestic assault. WIfe calls police. Husband is apprehended and transported elsewhere. Police then lie and tell wife that husband consented to search and seizure of his guns. Police do just that. Now, paint this as domestic situation and husband is, instead, tweeked up on drugs. Police lie and tell wife he consented to them seizing his drugs. Same exact issues are in play. This is not an attack on the 2nd Amendment. It is an attack on our 4th Amendment protections against warrant-less searches and seizures globally. Just because guns happen to be involved doesn't mean 2nd Amendment issues are being litigated or are even in play. This is about whether or not law enforcement can use the "community caretaking doctrine" to extend towards warrant-less searches of homes. This case is in the same grouping with other 4th Amendment cases that dealt with stop-and-frisk searches, searches incident to arrest, etc, not 2nd Amendment issues.

It's a significant issue that needs to be heard, but this is not about our right to bear arms
This post was edited on 2/6/21 at 7:43 pm
Posted by texridder
The Woodlands, TX
Member since Oct 2017
14936 posts
Posted on 2/6/21 at 7:42 pm to
quote:

It says the right of the people, not the right of the militia, you fricking retard.
Typical sloth-minded response. You ignored the fact that Scalia said that the right to bear arms was not absolute.

So, does that mean you think Scalia is a retard, too?



Posted by texridder
The Woodlands, TX
Member since Oct 2017
14936 posts
Posted on 2/6/21 at 7:47 pm to
quote:

You are one stupid motherfricker.
You are one chickenshit air-head --- with nothing to say.
Posted by lsufball19
Franklin, TN
Member since Sep 2008
71301 posts
Posted on 2/6/21 at 7:53 pm to
quote:

You ignored the fact that Scalia said that the right to bear arms was not absolute.

So, does that mean you think Scalia is a retard, too?

What a strawman
Posted by 2020_reVISION
Richmond,VA
Member since Dec 2020
3289 posts
Posted on 2/6/21 at 8:01 pm to
quote:

Fascinating time


That's a rather odd word choice. Remind me not to jump in to a foxhole with you.
Posted by Taxing Authority
Houston
Member since Feb 2010
62610 posts
Posted on 2/6/21 at 8:07 pm to
quote:

If you're in a state militia.
So in your mind... the 2A established secondary armies in addition to the army already established in Article 1 Section 8? And it’s the only amendment in the bill of rights to expand power not limit it.

Because that’s what one would have to believe to believe the intent of the 2A was to require joining an militia organized by the state.
This post was edited on 2/6/21 at 8:12 pm
Posted by Taxing Authority
Houston
Member since Feb 2010
62610 posts
Posted on 2/6/21 at 8:14 pm to
quote:

It says the right of the people, not the right of the militia, you fricking retard.
—————
Typical sloth-minded response. You ignored the fact that Scalia said that the right to bear arms was not absolute.
at least he responded to the argument rather than trying to change it to another strawman.
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