Rutherford Institute Warns: Police Are Carrying Out Warrantless Home Invasions in Order To Seize Guns as Part of ‘Community Caretaking’ Duties | WHAT REALLY HAPPENED X-Frame-Options: DENY X-Frame-Options: SAMEORIGIN

Rutherford Institute Warns: Police Are Carrying Out Warrantless Home Invasions in Order To Seize Guns as Part of ‘Community Caretaking’ Duties

The Rutherford Institute has issued a warning over police attempting to carry out warrantless home invasions in order to seize lawfully-owned guns under the pretext of their so-called “community caretaking” duties. In an amicus brief filed in Caniglia v. Strom, Institute attorneys have asked the U.S. Supreme Court to reject police claims that the “community caretaking” exception to the Fourth Amendment, which allows police to conduct warrantless searches of vehicles relating to accident investigations and provide aid to “citizens who are ill or in distress,” should be expanded to allow police to enter a home without a warrant and seize lawfully-possessed firearms based on concerns that the guns might be misused.

Affiliate attorneys Michael J. Lockerby, George E. Quillen, Adrian L. Jensen and Brooke D. Clarkson of Foley & Lardner LLP assisted The Rutherford Institute in advancing the arguments in Caniglia.

“This case represents a blatant attempt by law enforcement to create gaping holes in the Fourth Amendment force field that is supposed to protect homeowners and their homes against warrantless invasions by the government,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “What we do not need is yet another slippery slope argument that allows government officials to masquerade as community caretakers under the pretext of public health and safety in order to violate the Fourth Amendment at will.”

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