As usual the government makes it known that the Constitution means absolutely nothing to them. The Wisconsin Supreme Court just sent a big blow to the fourth amendment.
This decision was made by one single newly appointed judge who was not even there to see the arguments made in court on this issue to make matters even worse. In a 4-3 decision the states highest court ruled that evidence seized in a person’s private home during a warrantless search can be used against a person under an expanded view of the “community caretaker” clause. The case that made it to the supreme court bringing forth the debate on whether officers have the right t search and seize without a warrant was the case of Charles Matalonis. An individual who admitted to fighting with his brother whom was found bloodied in a residence nearby. The cops saw blood and cannabis then asked Matalonis to open a locked door of his home when he refused the police proceeded to break the door down themselves and found that he had been growing marijuana in his home. Matalonis was then arrested and charged with manufacturing of marijuana.
To begin with the Court of Appeals ruled this search and seizure to be unconstitutional however, the Supreme Court found that the police were not investigating a crime but exercising their so called “community caretaker” function by checking to make sure there were no injured people inside his home. So as it turns out an unelected judge appointed by partisan politician was allowed to cast a singe vote without even being present during the arguments and effectively nullified the fourth amendment in one state. Now, in Wisconsin police can enter a person’s home without a warrant and seize evidence to use against that person. These police are working as “community caretakers” by violating our individual rights. This is something I have found rather hard to swallow.