For real? Can they really enter our homes for no reason at all?
A very significant court case in American history happened just yesterday: Caniglia Vs. Strom.
It all started when a man named Edward Caniglia was lied to and cheated by his local police department back in 2015.
Edward and his wife got into a heated argument one night.
It all began with a funny joke that Caniglia made.
“I don’t want to drink out of my brother’s mug — I might catch a case of dishonesty.”
This caused Edward’s wife to become quite upset.
After a long argument between the two, Caniglia went into his room and picked up an unloaded firearm.
He presented it to his wife and said,
“Why don’t you just shoot me?”
This bothered Edward’s wife quite a lot. She stormed out of the house and got a motel for the night.
The following morning she phoned up the local police department and requested to be escorted back to her home.
She also asked police to perform a wellness check on her husband.
When the police spoke with Edward they failed to ask him any questions about his mental health history…
…And if he had ever considered suicide.
Yet, the police believed they had the authority to have Edward sent to a hospital for psychiatric evaluation.
Edward did not agree initially, however, the police talked him into going to the hospital…
…Only when they promised they would not confiscate his firearms.
However, this was an outright lie — A total dishonest manipulation on the part of the police.
After Edward went to the psychiatrist, the police confiscated his firearms.
Police in this small Rhode Island town were able to get away with this because of an exception made to the Fourth Amendment called “community caretaking”.
The Supreme Court invented the community caretaking clause almost 50 years ago.
This was originally created for police to confiscate possessions that were a danger to the community…
…Such as a car sitting on a highway for an extended period of time.
Can this ordinary white powder shrink “ghost” tumors and prevent dementia?
I know this is going to sound totally nuts… but I have discovered a remarkable white powder with striking properties that is turning modern medicine on its ear…
Dr. Paul O’Connor from Augusta University says, “A daily dose…can not only reduce acidity but actually slow progression of kidney disease.”
And University of Arizona Cancer Center member Dr. Mark Pagel will receive a $2 million grant…
…From the National Institutes of Health to study the effectiveness of this powder to treat breast cancer…
This special white powder has helped men in the most poor health regain their strength and confidence…
…And allowed them to once again live happy and meaningful lives.
Of course, it makes sense for officers to be able to confiscate these possessions if they’re a disturbance to the community.
We’ve all seen examples of this. I don’t want junk cars sitting on the highway…
…And certainly someone needs to have the authority to take care of problems like this.
But when police confiscated Edward Caniglia’s firearms, this was an utmost perversion of the clause.
In an article I read about this case, I learned:
“Both a district and appellate court upheld the seizures as “reasonable” under the community caretaking exception.”
Even when the case was taken to a First Circuit U.S. Court of Appeals, they agreed that the context of the situation was inappropriate…
…Yet they nevertheless ruled on the side of the officers and agreed that the officers did not overstep their boundaries as “community caretakers”.
The First Circuit Court said,
“Police must act as a master of all emergencies, who is ‘expected to…provide an infinite variety of services to preserve and protect community safety.”
And now, in an amicus brief before the High Court — The Zombie Joe administration supported this infringement of the Fourth Amendment…
…And believes that police can come into your house with a blank check and search your home.
This is extremely troubling for a number of reasons.
Mainly though — This will cause further divide between law enforcement officials and the communities they serve.
I know many police officers who are good people. In fact, my brother Jason is a cop — And he’s a great guy.
I don’t want communities all across the country to believe all police officers are bad people who want to intrude our homes and take away our possessions.
However, when police officers can enter one’s home without a warrant, it will cause folks to be extremely hesitant to call on the police…
…Even when they’re in a situation of grave danger.
Think about for example a woman who is being abused by her husband who is also a marijuana smoker.
Maybe if there was an instant where the woman’s abusive husband was becoming very dangerous…
…She would be afraid to call the police out of fear of them searching her house and finding her marijuana.
In an article I read yesterday from Forbes.com, it said,
“The U.S. Supreme Court considered Wednesday whether it’s permissible under the Fourth Amendment for police officers to enter people’s homes without a warrant in limited circumstances under a “community caretaking” exception.”
The Supreme Court’s verdict on the Caniglia Vs. Strom has yet to be released, however, I am a bit on the fearful side…
…That they will rule that in the case of “community caretaking” police may enter someone’s home if they’re presumed to be a danger to themselves or others.
But my question is…
How do you determine whether someone is a danger to themselves or others?
There’s too many loopholes to be abused here. It’s clear to me that this will be used as an abuse of power.
Thanks for tuning in. Your favorite editor and chief is signing out.
Love from your favorite Blonde Bombshell,