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Necessity rearing its ugly head, again?

February 7, 2021

From Forbes, we get the following: Supreme Court Will Decide Whether Police Can Enter A Home To Seize Guns Without A Warrant

Before we go any further, I share with you the words of William Pitt the Younger

“Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.”

While my law enforcement time was limited to the USCG, it’s worth noting that there were people living full-time on boats. We did not presume to seize things as part of “community caretaking” because for someone who lived on a boat, the boat was more than simply a vehicle. It was, instead, a person’s home. Accordingly, our actions were limited to those permitted by the Fourth Amendment to the US Constitution. One can only hope that the Supreme Court will recognize, and rule clearly, that the, well, sanctity of the home is to be violated as part of “community caretaking” only in the rarest of circumstances and then only if law enforcement can be said to meet a standard higher than “acting reasonably.” Should the Supreme Court decide otherwise, I see nothing good coming from this. Enough exceptions to the restrictions imposed on government by the Fourth Amendment have been carved out, already. Let’s hope this case doesn’t result in yet another one, all in the name of necessity.

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  1. Donald Singelrton permalink

    The problem is that despots do not acre about documents like the constitution and the Bill of Rights. They care about their agenda, and their assertion of more power and thus more stolen wealth. I too am a retired Mustang, and I am sad to lose the nation I spent most of my adult life defending. Your words are often spot on, and always thought provoking, I hope you continue to write them without the destruction of our totalitarian rulers. God save America. I guess now I will have to wait for the knock on the door from the Social Democrats brown shirts.

    • Thank you for your kind words, Donald. Authoritarians and busybodies help empower despots, because they simply can’t conceive of people not being told what to do and what to think.

  2. Old NFO permalink

    Another Mustang here- Don’t disagree at all. And I TRULY hope that SCOTUS makes the ‘right’ decision in accordance with the Constitution.

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