I'll take this win. Let's keep going, shall we? Maybe pare down exigency even further?
P.S. Admins, let me know if this belongs in OT... but it seems like a "gun" case.
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I posted this in the other thread, but this ruling will be ignored just like Caetano. Courts have no problem playing dumb or being in your face about ignoring SCotUS because there are no consequences for doing so and if they can tie up appeals and or drawn out procedural motions they will.
PER CURIAM. The Court has held that “the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding,” District of Columbia v. Heller, 554 U. S. 570, 582 (2008), and that this “Second Amendment right is fully applicable to the States,” McDonald v. Chicago, 561 U. S. 742, 750 (2010).
mAss courts ignore SCOTUS at every turn.I was thinking MA courts. You are correct about RI.
That's how we got the Kennedy decision on Draper v. Healy - the summary judgment that no trial was needed to determine if Glocks had a loaded chamber indicator.A peculiar thing about the 1st SCA 3-judge panel that ruled that the police were in their rights to remove the firearms, prior to it being unanimously overturned by SCOTUS. One of the three members of the panel was RETIRED SCOTUS ASSOCIATE JUSTICE DAVID H. SOUTER, sitting "by designation".
I didn't even know it was legal for a retired federal judge to arbitrarily sit on a lower court bench, or ANY court bench after retiring. If that's legal, should Justice Thomas ever retire, I hope he's willing to do the same!
The First Circuit held that the special measure of constitutional protection to which police officers, in the motor vehicle context, performing community care taking functions are entitled extends to police officers performing community caretaking functions on private premises, including homes.law.justia.com
We are installing a security system that will record such events, audio and visual, in both of our homes, in MA and Florida, and send it directly to the "cloud". It is intended to document a burglary or home invasion, but I can see it providing valuable evidence in other "incidents", if you know what I mean!I'm on the lookout for a test case meeting these criteria:
- Individual has his LTC suspended/revoked for reasons that don't make him look like the devil incarnate in court
- Said individual greets police at door and says "I will fully cooperate and bring all guns and high cap mags to the door in closed cases, but I do not grant you permission to enter my house without a warrant"
- Police enter over subject's objections, treating surrender order as a de-facto search warrant.
- Bonus points if police enter any area of the dwelling other than where the subject says the guns are stored.