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Police Can Now Say These 2 Words To Enter Your Home Without A Warrant, Judge Rules

 

‘Welfare Check’ – Police Now Can Enter Your Home Without Warrant, Judge Rules

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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.

Tired Of Losing Freedoms And Looking For A Second Country? Read More Here.

“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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30 comments

  1. This is all part of Lincolns new birth of freedom.

  2. First, it is the US Constitution itself that is the supreme Law of this nation; and it is also the supreme contract for all who serve within our governments – state and federal; with the state Constitution being the highest Law of the state and the second highest contract for all who serve within that state’s government at all levels.

    Second, judges do not create LAW, they give opinions. This is found in the supreme contract, and then again in the second highest contract that they get their authority from. The US Constitution makes clear that ALL LEGISLATION that is to be Lawful and binding on the American people and their nation can only come from those who serve within the House of Representatives and the Senate – no one else.

    Here is exactly what the US Constitution requires of all who serve within our government concerning breaking and entering our homes for ANY reason except proof of an ongoing crime happening, in which case the officer would be a witness to the crime.

    US Constitution, Fourth Amendment: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, SHALL NOT BE VIOLATED, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

    Further information can be found regarding the Bill of Rights and who is restricted or forbidden in the Preamble to the Bill of Rights.

    “Congress OF THE United States begun and held at the City of New York, on Wednesday the Fourth of March, one thousand seven hundred and eighty nine.

    THE Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution.
    …”

    This makes it clear that it is those who serve within our governments who the restrictions, etc are placed upon. Add that to the clear and put-into-writing reasons why our governments – state and federal – were created.

    Preamble to the US Constitution: “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

    In the words of James Madison, considered the father of the US Constitution: “The preservation of a free Government requires not merely, that the metes and bounds which separate each department of power be invariably maintained; but more especially that neither of them be suffered to overleap the great Barrier which defends the rights of the people. The Rulers who are guilty of such an encroachment, exceed the commission from which they derive their authority, and are Tyrants. The People who submit to it are governed by laws made neither by themselves nor by an authority derived from them, and are slaves.
    We hold this prudent jealousy to be the first duty of Citizens, and one of the noblest characteristics of the late Revolution. The free men of America did not wait till usurped power had strengthened itself by exercise, and entangled the question in precedents. They saw all the consequences in the principle, and they avoided the consequences by denying the principle. We revere this lesson too much soon to forget it.” (Memorial and Remonstrance against Religious Assessments (1785))

    The judge is incorrect in his OPINION on what the 4th Amendment means. That judge needs to take some constitutional classes from non progressives or be removed for not using the constitutionally required “good Behaviour” while in office. Add to that he broke his Oath – felony and Perjury. That “Officer” also needs retraining in the US Constitution – neglected greatly in LE training; and he also broke his Oath to the US Constitution and his state’s Constitution.

    • sorry to burst your bubble, but you have no constitutional rights. you’re a corporate employee of the corporate US and subject to their rules. quit quoting the constitution and start using it for it’s intended purpose- toilet paper. f the constitution, f the founding fathers, and f government in general
      sincerely christian anarchist with a tad bit of a foul mouth 😛

      • everything you just said shows your complete lack of understanding Christ. You are not familiar with His way in the slightest. By calling yourself a Christian you are making yourself an anti-Christ. A wolf in sheep’s clothing. In the Second Coming, on the Day of Judgement, your intolerance of others and of the authority God Himself has established as well as you complete lack of love with your hateful, self-centered tunnel vision will convict you of being a goat rather than one of Christ’s sheep (Matthew 25:31-46). It will be worse for you on that day and for the rest of eternity than for those of the cities Sodom and Gomorrah if you do not repent, turn to Christ and follow His Way.

        • Not everyone who says “Lord, Lord” will enter the kingdom of God. Many people thing being a Christian is attending a service, growing up in a church, etc, etc. So many people consider themselves Christians without knowing what and who that name actually refers to. All of us were one time in darkness, until the Good Lord Jesus got a hold of us and saved us.

          But to honest, what he said about the US corporate government and us being birth certificate abandoned corporations that are controlled by the head state corps and the federal corporations is completely true and accurate.

          There are two forms of government in America, the Republic (united states), which was founded by our fore fathers and constitutional in nature, AND, you hear this all the time, the Democracy, which is statue in nature and was finalized in the “Organic Act of 1871” and completely put in place by FDR when the UNITED STATES OF AMERICA was put into place with House Resolution 192 on June 5th 1933. That is when this nation officially declared itself in a re-organization bankruptcy – then forcibly made the American people give up their gold ownership for pennies on the dollar and statutory law came into existence… Statutes are are corporate bylaws… As of 1938 no court recognizes any law before 1938 – it’s all decided under admiralty statutory laws, or maritime military law – this is why you see a gold braid around every flag in a courtroom, school building, on police and firefighter’s uniforms… etc, etc, etc…

          So what kaleb was saying to you on the factual side is completely true… but most American’s have not idea, because the American Bar Lawyers and Judges only learn this once they are high up the totem pole and are part of the group that makes sure the lie keeps getting perpetuated.

          All of our congress and our president, etc are all board members of a for profit corporation.

          You can see for your self, one of their own gave a speech before congress in 1993 telling the whole truth of the situation.

          James Trafficant – who was jailed for it, of course phony reasons, and after he got out was killed in a automobile accident not long afterwards, when he started to talk about all of this again.

          lawyer politicians have sold America down the river, and worse, because of TV and Hollywood and iPhones and vacations and trips, most American’s are letting them do it and in fact will tell you they support it.

          It’s a sad day for America,
          poor Trump put himself right in the middle of this… and clearly the poor chap is running into the proverbial “brick wall.”

          have a good day.

  3. No words can change the US Constitution because a judge, a US President, or anyone else says them. There is not magic “Open Sesame” that works for breaking and entering a persons home. Read those words again (4th Amendment), and the ONLY deviation allowed is found within them, and for the entry to be Lawfully done, must be followed to the letter.

    Our country is in trouble because people do not bother to read the US Constitution, and their own state’s Constitution. Worse, we have people who are Oath bound to support and defend the US Constitution who also do not know what it says and what is required of them. To save our nation we must educate them.

  4. While, I can see, in this particular case, IMO, it was the right thing to do… a federal agency requested the check or even if another famiky member was worried, I would hate to see the guy die. Simply because someone SAID ,he was just seen!! Glad he did it the way he did… and im glad he found nothing…

    • Heather Brenner

      Nope. Judges can issue warrants, even in emergencies. This is just an attempt to circumvent the Constitution

    • You are an idiot.
      So any police can come to your door, say he is conducting a ‘welfare check’ and force entry. Using violence if you do not comply.
      If the agency believes that a person is at risk, then get a warrant!
      It takes five minutes and can be sent by fax or email.
      No way any one should be allowed under any circumstances other than screams coming from the premises, to force entry.
      They went to war so that you would not have people nocking on your door and walking in.
      You obviously do not care about these freedoms.
      “Contemplate the mangled bodies of your countrymen, and then say ‘what should be the reward of such sacrifices?’ Bid us and our posterity bow the knee, supplicate the friendship and plough, and sow, and reap, to glut the avarice of the men who have let loose on us the dogs of war to riot in our blood and hunt us from the face of the earth? If ye love wealth better than liberty, the tranquility of servitude than the animated contest of freedom, go from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains sit lightly upon you, and may posterity forget that you were our countrymen!” — Samuel Adams

      • Heinrich Mueller

        In Indiana if a cop forces his way into your home without a search warrant, you can legally kill him.

  5. You can recite the constitution all you want to. It don’t mean a thing. You want the constitution back again change your theology. Obey God. This was started by Lincoln. Wake up while you can.

  6. Hang on to your children everybody. Not only adults, child protection services will have a major wet dream if this is allowed. They will be able to enter your house on any pretext & kidnap your child/ren.
    Refused flu shot? refused HPV vaccine? Autistic child being cured by traditional medicine, organic food or shock horror, using cannabis oil? Showing behavioral symptoms of ADHD & the school wants to drug them stupid with psychotropic drugs?
    All it takes is one person whether caring or malicious to call in the swat team, hell yeah. Another “right” in the bin, another family destroyed.

  7. My home is my castle. If an armed intruder invades my home I will protect it and my family, using any means at my disposal.

  8. Welcome to the Great United Soviet Socialist Satanic Stasi States of Amerika, Komrades!

  9. The fact is the F.B.I. doesn’t need a search warrant issued by a judge. They can write their own search warrant on the premises and they can get access.

  10. They should just be allowed to say “We Care!” and then break the door down using a Care Bear Battering Ram. I designed one in my basement. I’m only a part time cop, but I have ideas.

  11. Just remember when the terrorist pig thugs enter your home: Aim for the head

  12. Robert Browning

    Don’t open the door.

  13. So all the cops have to do is claim that ” some agency ” requested a welfare check and then storm into your home without a warrant? Unreal. Unless there is an actual emergency with verifiable sources it is beyond sickening to think that the jackboots can march into your castle. No wonder people hate the police today. ” Exigent circumstances ” such as someone screaming or a house on fire are exceptions to the warrant requirement but just because some unknown employee of an unknown agency places a cal does not give the cops legal authority. I fear the only thing that will make cops treat us with respect will be when a lot of them are shot dead for violating rights. When cops are too fearful to dare such outrages will we have any protection from them. It is going to come down to a revolution in this nation sooner or later wherein we take back what the corrupt courts have taken away. Cops cannot be trusted in any way to uphold the rights we have, and to allow these thugs to enter homes without probable cause is a disgusting and dangerous mistake. Like most people I hate the police and never have called them for help in my long life…they are the enemy.

  14. If the PIGS or anyone else tries to enter your house without a warrant……USE YOUR SHOTGUN…

  15. Do those “welfare checks” come with foodstamps too?

  16. The solution is fairly simple. It works against the bad guys and the good guys and hurricanes.

    Make your home difficult to get into. When I bought my home, I installed the same 12mil hurricane/security film and Dow 995 glaze to every window in my home.

    My home has very strong pinned metal doors, which sucked for me as I have a 77′ Screened in lanai with three sets of French doors. So I had reinforce a total of 8 exterior doors. My garage door is also hurricane compliant.

    A person with a police baton or a baseball bat is not going to easily be able to conduct a ‘welfare check’. On top of that, I’m retired Army and have better arms and armor than I had in the military.

    I pray for peace, but am prepared for just about anything short of a tree falling on my home. I could fix that too, but I like shade. In Florida it gets hot. Shade is my A/c systems friend.

    PS, If the bad guys swim across the small pond to get to my backyard. I have a 8′ tall beehive that will put out the welcome mat for any intruders. I don’t take their honey, I keep bees as they need our help, plus they offer cheap security.

  17. Twice in six months the NYPD carried-out warrantless wellness checks of my apartment after breaking its door.

    For years I had complained to the Department of Buildings (DOB) about an illegal coal-oven constructed by the landlord in a restaurant under my second-floor apartment in mid-town Manhattan.

    Becuse of my complaints DOB revoked the permit for the oven, and issued a summons but did not stop the restaurant from using the coal oven.

    At the office of DOB’s Inspector General I complained of corruption at the agency which according to records is the most corrupt government agency in New York City.

    The IG quickly dismissed my complaint and a month after the permit for the oven was revoked called the NYPD to do a “wellness check” on me because according to court papers he was ‘concerned for my health.

    At gun-point the NYPD conducted a one-hour search of my apartment, threatened me for calling DOB, and left while stating “the landlord will replace your door.

    The NYPD left a hand-written note with the word “intel” ,and the name of the IG as the person that sent them.

    This is very significant to me as a political dissident.

    Lawyers and news groups such as The New York Times that I contacted did not help.

    I filed pro se case 16CV2362 at the SDNY federal court and is going very well.

    Having anyone, especially the police, break into your apartment at gun-point is no piece of cake.

    It leaves a feeling as if one has been violated.

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