In a DISSENT that gores the opinion of the majority, Ruth Bader Ginsberg makes the case that proves them wrong. She was the sole dissenting voice, in a decision that opens wide the doors of abuse, as she cites decision after decision which underscores the ludicrous opinion of the majority.
As cited in her dissent, this decision literally skewers the decision in Johnson v. United States.
So how does this affect firearms owners? The police could state that they could smell chemicals of the type which they are familiar as being used in the cleaning of firearms. As ludicrous as that seems on its face, that would give them probable cause to enter to search for illegal firearms without a warrant under the guise of exigency; because in the term it takes to obtain a warrant the evidence could be removed in their absence.
A stretch? Perhaps, but we have all witnessed the laws being extended to their furthest reach time and again. Witness the seizure and forfeiture, environmental, species protection, and the RICO statutes as primary examples.
To read the entire decision click the link below.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=09-1272
As cited in her dissent, this decision literally skewers the decision in Johnson v. United States.
The warrant requirement, Justice Jackson observed, ranks among the "fundamental distinctions between our form of government, where officers are under the law, and the police-state where they are the law."
-Johnson v. United States, 333 U. S. 10, 17 (1948).
So how does this affect firearms owners? The police could state that they could smell chemicals of the type which they are familiar as being used in the cleaning of firearms. As ludicrous as that seems on its face, that would give them probable cause to enter to search for illegal firearms without a warrant under the guise of exigency; because in the term it takes to obtain a warrant the evidence could be removed in their absence.
A stretch? Perhaps, but we have all witnessed the laws being extended to their furthest reach time and again. Witness the seizure and forfeiture, environmental, species protection, and the RICO statutes as primary examples.
To read the entire decision click the link below.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=09-1272