Re: Biden Urges Supreme Court To Let Cops Seize Guns Without A Warrant
Posted by:
Really in the real world
()
Date: March 25, 2021 11:46AM
The community caretaker exception is itself a slide down the slippery slope. That police officers are permitted as a function of their law enforcement activities to go beyond the mere task of enforcing criminal statutes is a given. It is when police use that authorization as a justification for ignoring positive constitutional protected procedural and substantive rights that is where the problem arises. We have had a Supreme Court that for the past 50 years has bent over backwards not to allow the "pursuit of justice" to be interfered with because of "technicalities", and that has maintained that police officers who were just "doing their job" should not be questioned for their activities after the fact.
This is a case that lends itself to a nontraditional breakdown of the judges. I would not be surprised to see a majority of the justices affirm the theory that police officers should be permitted to take temporary possession of firearms under certain circumstances, while at the same time a majority also agreed that summary judgment was inappropriate as there are facts in dispute which go to whether the police reasonably believed they should take possession of the firearms under these circumstances.