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REPORT ABUSIVE REPLY
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Message Subject
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Supreme Court UNANIMOUSLY Rejects Biden Regime on Warrantless Searches for Handguns
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Poster Handle
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Anonymous Coward |
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Post Content
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Writing the Supreme Court’s short, 4-page opinion in the case, Justice Clarence Thomas noted the Cady v. Dombrowski precedent, which he indicated applied to police “responding to disabled vehicles or investigating accidents.”
“The question today is whether Cady’s acknowledgment of these ‘caretaking’ duties creates a standalone doctrine that justifies warrantless searches and seizures in the home,” Thomas wrote.
“It does not,” he added.
Thomas wrote that the federal district court ruled in favor of the police and the 1st Circuit expanded on this, stating that police “often have noncriminal reasons to interact with motorists” on public highways. The appeals court “extrapolated” from the Cady ruling “a freestanding community-caretaking exception that applies to both cars and homes.”
The appeals court’s community caretaking rule “goes beyond anything this Court has recognized,” Thomas wrote.
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