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

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

Written by: Daniel Jennings

June 20, 2017

http://www.offthegridnews.com/current-events/welfare-check-police-n...

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.

“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.”

Views: 220

Comment

You need to be a member of 12160 Social Network to add comments!

Join 12160 Social Network

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

Sandy posted a video

Civalyze meme

meme ad for a fake drug that would do away with black fatiguecivilyze you're not racist your just exhausted
2 hours ago
Burbia posted a blog post

Is the Timing of Alex Jones and Charlie Sheen Connected?

Alex Jones is sperging out.Charlie Sheen is coming out of the closet.Is this why Alex Jones is…See More
yesterday
Doc Vega posted a blog post

Buying the Last haunted House on the Left (A partial autobiography)

Note to the reader, there are events here that are true and some that are fictional.Chapter IIt was…See More
Friday
Doc Vega posted a blog post

In Memory of Those Who Served

 Bullets flew and ricochetedI was on that hill todayMy Company commander got blown awayI was on…See More
Thursday
Doc Vega posted blog posts
Tuesday
Doc Vega commented on Doc Vega's blog post Plausible Explanation Behind Recent Cryptid Sightings in the Wild!
"cheeki kea I was wrong Emperor Penguins are big and powerful but still alive but this,  A size…"
Tuesday
Doc Vega commented on Doc Vega's blog post Plausible Explanation Behind Recent Cryptid Sightings in the Wild!
"Cheeki kea here's another that they say there have been modern sightings of!  The name of…"
Tuesday
Doc Vega commented on Doc Vega's blog post Plausible Explanation Behind Recent Cryptid Sightings in the Wild!
"cheeki kea, did you ever hear of the giant Imperial Penguins? They were about 6 feet tall and could…"
Tuesday
Doc Vega commented on Doc Vega's blog post Plausible Explanation Behind Recent Cryptid Sightings in the Wild!
"cheeki kea I do not think these giant two legged birds would need to have a bad attitude as long as…"
Tuesday
Olivia Brooks updated their profile
Tuesday
John Miller was featured
Sep 2
tjdavis's 2 blog posts were featured
Sep 2
Zfort Group's blog post was featured
Sep 2
Doc Vega's 6 blog posts were featured
Sep 2
Burbia commented on tjdavis's video
Thumbnail

“What’s His Motive?” - Inside The Mind of George Soros

"Trump calls for George Soros and son to face federal…"
Sep 1
Burbia commented on tjdavis's photo
Sep 1
Profile IconSeeta Sathe and Olivia Brooks joined 12160 Social Network
Sep 1
tjdavis posted a video

Mossad, Terrifying CIA Technology, Blackwater & The Most Secret CIA Unit | John Kiriakou

John Kiriakou served 15 years in the CIA as a Case Officer (Spy) and as CIA's Head of Counterterrorism Operations in Pakistan where he lead the raid that cap...
Sep 1
tjdavis posted a photo
Sep 1
tjdavis posted a video

A Critique of the Tavistock Institute - The Mother Of All Conspiracy Theories

An examination of the Tavistock Institute, a theory which seeks to explain how Western societies have been brainwashed by a cabal of social scientists and th...
Aug 31

© 2025   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted