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Caniglia V Strom and the 4th amendment
Posted: Wed Mar 24, 2021 8:25 am
by TomV
Re: Caniglia V Strom and the 4th amendment
Posted: Wed Mar 24, 2021 11:21 am
by flechero
All the cases where law enforcement lies to gain access, search or otherwise fish, drive me nuts.. if the guy really consented and the wife stood firm, she would be in jail. So they lie and say he ok'd it and she lets them in so now they say she ok'd it.
The ends don't justify the means and this is a tactic you expect in other countries.
I realize there are other things at play in this one but the recurring theme of law enforcement is allowed to lie about material things is ludicrous.
99% of the time, I'll go with what LEO says but it's admittedly getting much harder these days. And they are doing it to themselves, with the help of the courts.
Re: Caniglia V Strom and the 4th amendment
Posted: Wed Mar 24, 2021 12:24 pm
by TomV
I'm more concerned about the possible expansion of the "community caretaking" clause to include guns and other things in your house.
The current administration and the DOJ are all for this to fall against the Caniglia's and the expansion of warrantless searches and seizures.