In an appeal to the U.S. Supreme Court, a civil-liberties legal group contends lower-court rulings in a Rhode Island case have set a dangerous precedent that allows police officers in some instances to enter the homes of citizens without a warrant and confiscate legal firearms.
The Rutherford Institute, in a friend-of-the-court brief in the case of Caniglia v. Strom, asserts the lower courts wrongly invoked the “community caretaking” exemption in the Fourth Amendment.
“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.
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