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USA Search and Seizure Development as of May 2021

Brickjectivity

Turned to Stone. Now I stretch daily.
Staff member
Premium Member
In May of this year (2021) the U.S. Supreme Court issued a unanimous opinion in Caniglia v. Strom, striking down the exception called "Community caretaking" which allowed officers to search homes without warrants. Judgement was issued on June 18.

Attached is the ruling and an additional brief from Judge Kavanaugh.

There are still situations, such as rental situations, in which the courts side with officers in searches conducted without warrant or in certain situations where it seems unwarranted. This, however, goes a long way towards closing the gap between what limits there ought to be and what limits there are.

It seems the government has to be reigned in from time to time, gradually trying to loosen its restraints.
 

Attachments

  • caniglia_vs_strom.pdf
    134.9 KB · Views: 0

icehorse

......unaffiliated...... anti-dogmatist
Premium Member
Thanks for this. At the moment I don't have time to hack my way through all the legalese, but I agree with your summary. In general I think we have to fight to keep our civil liberties from being eroded.
 

Twilight Hue

Twilight, not bright nor dark, good nor bad.
It's going to be difficult to change the erosion of freedoms when both parties already have a hand in getting things to where it is today.

We have been falling down the freedom index at an alarming rate over the decades.
 

epronovost

Well-Known Member
It's going to be difficult to change the erosion of freedoms when both parties already have a hand in getting things to where it is today.

We have been falling down the freedom index at an alarming rate over the decades.

It's not so much that the US has fallen more than you have stagnated while other country liberalized themselves faster. The efficacy of your government is mostly at cause.
 

Shadow Wolf

Certified People sTabber
It's not so much that the US has fallen more than you have stagnated while other country liberalized themselves faster. The efficacy of your government is mostly at cause.
Not really. Reagonomics, NAFTA, War on Drugs, Three Strikes, Patriot Act, no-knock warrants, there have been many legit laws that have eroded freedoms and liberties here. The only ones who's rights are safe, secure, and likely to expand are bigoted religious arselings (the Supreme Court just recently sided with them over children needing a home in an adoption case).
 
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