Police Can Now Say These 2 Words To Enter Your Home Without A Warrant, Judge Rules
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.
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“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.”
What do you think? Should police be able to enter a home without a warrant for a welfare check? Share your thoughts in the section below:
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Don’t you just love living in a free country?
Under no circumstances of any kind should ANY local, county, state, or federal government agent of ANY kind ever be, under any circumstances, allowed or premitted to enter any private domcile, home, or residence of any kind without a physicall, signed and printed warrant by a Federal Govenment Court unless 100,000 physical ouncesl of 99.9 pure ounces of gold (Au) is presented at the door when such entrance is expeceted.
“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.”
The policy officer and Judge are in error. A official had already cleared the environment. An Officer does not have overriding authority on policies.
The Judge needs to be placed under judicial review.
Cripes. Cops and social workers and judges are just begging to be killed.
Forcing your way into my home will get you shot. I care not if you wear a uniform or not. I am no criminal, I break no laws and I live quietly. Just leave me alone…
For those of you who don’t realize that NONE of their bs laws/rules/etc apply to you! You’ve been brainwashed, indoctrinated and propagandized your entire life to believe these people have authority.. can you just barge into someone’s home to do a welfare check? what? you can’t?? well you cannot delegate an authority that you don’t have!
For those of you who will inevitably insist that the government does have authority and all their bs applies to everyone, care to take the challenge and prove what you believe??
Would anyone care to pick up the challenge and prove that any of it applies to anyone, just because of their physically being in a geographic area?? You can regale us all with your factual tangible personal firsthand knowledge that you can personally attest to the veracity of under penalty of perjury and your evidence that you rely on that proves any of it applies to anyone..
Remember, we want YOUR factual tangible personal firsthand evidence, not your feelings, beliefs, opinions or the feelings, beliefs or opinions of others..just facts! “interestingly, every time some putz responds, they always reply with their OPINION or someone else’s opinion but no facts proving anything but their indoctrination and their inane ability to regurgitate propaganda!”
The following does not equate to evidence proving applicability, the regurgitation of propaganda reinforcing your indoctrination, appeal to authority, confirmation bias, circular reasoning, hyperbole, hearsay or hearsay of hearsay, rumor, speculation, assumptions, presumptions, hypotheticals, conjecture, sophistry, obfuscation, scenarios, what if’s, fraud or lies., nor the ever popular “that’s how we’ve always done it bs”.
Do NOT reference any historical document that doesn’t have the wet ink signature of anyone being charged. Nor reference any
document that is compulsory,.. Fraud, threats, duress and coercion to accept a compulsory document, nullifies any implied acceptance or consent, which would also include fraud, threats, duress and coercion to accept any CONstitution and any promulgation’s arising from it/them.. Well, unless you support slavery. You don’t support slavery do you?
Further, in your attempt to justify your indoctrination; You shall not invoke any magical legal citations, alleged laws, statutes, codes, policies, treaties, etc, or any Constitution or any amendments to any Constitution, as that presupposes that any of it is applicable, when that is what is in question in the first place! After you’ve flapped your gums in support of your propagandized bs “vox et praeterea nihil” and realize that you don’t actually know what you’re talking about, don’t resort to “if you don’t like the laws
here, leave” that you failures inevitably fall back on as your last resort when you completely fail to prove anything other than they’re so indoctrinated they don’t even know it!
the maxim applies: quod non apparet non est. The fact not appearing is presumed not to exist.
That which can be asserted without evidence, can just as easily be dismissed!
They should also do real “welfare” checks on those that are living off of us taxpayers with their welfare checks and food stamps. They need to see if they are buying drugs and alcohol with our money instead of necessities.
The term ‘at-risk’ is the factor. The police don’t have a right to enter and search without a warrant under normal circumstances – but that goes out of the window if someone within a property is officially labelled as ‘at risk’ and a check is required based on reported concerns for that person’s welfare. Taking someone’s word for it is not enough – the officials must see evidence that the ‘at risk’ person is okay. If you do not have anyone in your property who has officially been deemed to be ‘at risk’ then you’re okay. Another great misleading headline here on BIN.