Police Can Now Say These 2 Words To Enter Your Home Without A Warrant, Judge Rules

Off the Grid News – by Daniel Jennings

A federal judge has ruled that police have the right to enter homes without a warrant as long as they claim to be conducting a “welfare check.”

Lieutenant Joseph Buccilli did not violate the Fourth Amendment when he forced his way into the home of Timothy, LuAnn and Joseph Batt without a warrant in 2012, U.S. District Judge Frank Geraci Jr ruled earlier this year. The case currently is being appealed, and a ruling is expected this fall.  

Buccilli was at the home to check on the welfare of Fred Puntoriero, LuAnn’s father, who suffered from dementia.

The Home School Legal Defense Association (HSLDA) is representing the family.

“Buccilli and another officer arrived at the Batt home and told Joe they wanted to conduct a welfare check on his grandfather,” the HSLSA reported. “After Joe respectfully refused, explaining that his grandfather had just been seen by a nurse’s aide who reported that all was well, Buccelli forced his way in.”

Geraci concluded in March that Buccilli was immune from the Fourth Amendment because police do not need warrants for welfare checks on at-risk adults, The New York Law Journal reported. Geraci upheld a similar decision made by U.S. Magistrate Judge Leslie Foschio of the Western District of New York in July 2016.

“At issue in this case are so-called welfare checks, which we believe are being used by some officials to circumvent constitutional protection for private citizens to be safe and secure in their homes,” HSLDA contended.

The Batts – who are members of the HSLDA — contend Buccilli violated the Fourth Amendment by entering their home without a search warrant.

‘I Have a Right to Enter the House’

“Numerous opinions in federal courts all the way up to the Supreme Court specifically declare that warrantless welfare checks in the home are subject to traditional Fourth Amendment analysis,” according to the HSLDA. “Unless there is a clearly defined emergency, a state official simply cannot enter a home without a court order.”

Buccilli said a search warrant was not needed. The encounter was recorded on video.

“All I know is a county agency called,” Buccilli said. “And based on their request, I have a right to enter the house and forcibly, if need be, when somebody’s welfare is possibly in question. And that’s why I’m here. The allegation was made that they wanted a welfare check.”

Upon entering the home, Buccilli reported that Fred Puntoriero was in a good environment.

HSLDA said the case could have a major effect on privacy.

“The Fourth Amendment right of individuals to remain safe and secure in their own homes is not only a fundamental civil liberty; it complements the right of parents to direct the education of their children from the sanctuary of home,” HSLDA argued. “Although this case deals with an unwarranted and non-emergency welfare check on an elderly person, the same principles apply to welfare checks on younger people.”

Off the Grid News

 

15 thoughts on “Police Can Now Say These 2 Words To Enter Your Home Without A Warrant, Judge Rules

  1. They can and have legalized tyranny, one must be blind not to see that.

    This really leaves people with one option, defend ur home with lethal force. U would think these LE morons would understand they are being set up to be killed…by the very system they serve…I guess they just salivate at the thought of blowing some unarmed homeowner away and getting rewarded for it…

    Well, sooner or later they’ll actually choose the right home, and will then realize their errors…albeit too late, but the system will still reward them posthumously as heros….and demonize the victims…

      1. I used to be able to post the actual video boxes, but something has been preventing it for over a year now.

  2. The gift of life was created by The Creator. Life in itself comes with the energy/power to think, move one’s limbs, digest food etc. Even a parent is only a custodian given the job to promote the continuation of the life they brought forth. This is a responsibility for the father and mother. The process/design and ability to bring forth an innocent life doesn’t equate to their being the originators of the tech within us that allows us to participate and ‘make’ children. Like wise as I’ve said before, The Father/Creator/God etc. Created Man Kind and gave us life with Certain Rights. Man Kind formed governments to do service jobs on our behalf. The Constitution was written to them, for them, to let them know their limitations. Yet, now, this truism has been turned on it’s head. The offices set up to specifically perform these services for us were and are of a corporate/entity description. It, the office, each office has very explicit and limiting descriptions. ie. You shall do this and you shall not, can not do anything else. How can I or you be ‘secure’ in my home/castle if some rent a cop city Corp. Cop can just barge in for any reason? The judges who make ‘decisions’ that allow such unlawful acts to be done are outright criminals.
    And, anyone who participates in an act which breaches the peace of anyone’s home by claiming a right under law is a liar an intruder and an a criminal. The Child Protective Services have been using similar scams to get into families homes for a long time now. They deem to have authority to use a type of white glove inspection scenario to check out any and everything as the approvers. Like the Cops etc. they become the judge jury and in some situations, the executioners. I’m not sure, but maybe they gain entrance because so many are on welfare! ie. gov’t assistance. But even if that is the case, ALL gov’t get’s it’s money, limited power from the people.
    They may be assuming it’s the opposite, but it never was and never will be.
    So, all of this that we see and experience is an illegal takeover. It’s a Coup.
    And, ultimately, if they can’t get us to give up peaceably, they/it will always resort to the use of force to demand compliance. It has been said-There is a time for peace and a time for war. It certainly looks to me that we are at the threshold of war and that in the messy engagement we will end up correcting/ELIMINATING a lot of these issues.It’s onerous to try to live a simple peaceful life when these entities have their hands in out wallets 24 hrs. a day. If that was the only bad thing that would be one thing. But, they/it have been poisoning and perverting everything we need to live and this has reached a boiling point. Be vigilant, be ready to fight, and, get angry if you’re not already. We should all hate this evil and those that perpetuate it with the same passion that they have.

    1. Consider writing opinion articles, your comment with a little polish would be worthy of posting, couple that with a news story and you might be on to something 🙂

  3. NIOPE……. Aint happening……………..PERIOD……………………… THEY WILL BE SCRAPING YOUR STUPID ASS OFF MY FRONT PORCH……………………………………………………………………………………….

    1. SOMEBODY NEEDS TO KILL THAT STUPID ASSED “FEDERAL JUDGE”./…………..

  4. These judges ALWAYS rule for more State power, never for the people. These drooling morons expand the laws to let their hired goons do anything they want and kill people with impunity if they refuse the “service”. I can see them forcing their way in if the elderly dementia sufferer lives alone and doesn’t answer the door, but this gentleman was living with his children who take good care of him. Complete BS!

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