A unanimous ruling that cops cannot seize guns from a person's home without a warrant under the 4th amendment.
https://www.thetruthaboutguns.com/su...earm-searches/
While this is a positive ruling, it's also a scary notification that two lower courts ruled completely contrary to the constitution's 4th amendment protections.
https://www.thetruthaboutguns.com/su...earm-searches/
The court ruled that the exception could not be extended to the home without violating the Fourth Amendment, overturning two lower courts that sided with the police officers and their argument that the amendment “does not prohibit law enforcement officers from diffusing a volatile situation in a home to protect the residents or others.”
“What is reasonable for vehicles is different from what is reasonable for homes,” Justice Clarence Thomas wrote in his opinion for the court, noting that the previous standard that allowed the “community caretaking” exception was not “a standalone doctrine that justifies warrantless searches and seizures in the home.”
The court’s decision does not affect police officers’ ability to take “reasonable steps to assist those who are inside a home and in need of aid” that are protected under a separate “exigent circumstances” doctrine, Justice Brett Kavanaugh noted in a concurring opinion, such as when an elderly person has fallen or to prevent a potential suicide.
“What is reasonable for vehicles is different from what is reasonable for homes,” Justice Clarence Thomas wrote in his opinion for the court, noting that the previous standard that allowed the “community caretaking” exception was not “a standalone doctrine that justifies warrantless searches and seizures in the home.”
The court’s decision does not affect police officers’ ability to take “reasonable steps to assist those who are inside a home and in need of aid” that are protected under a separate “exigent circumstances” doctrine, Justice Brett Kavanaugh noted in a concurring opinion, such as when an elderly person has fallen or to prevent a potential suicide.
Comment