Legal Update

Legal Update July/August 2021

Larry E. Holtz, Esq. Community Caretaking and Home Entries In Caniglia v. Strom (US 5-17-21), the United States Supreme Court recently addressed the question of whether law enforcement’s community caretaking duties create a stand-alone doctrine which justifies warrantless searches and seizures in the home. The answer, according to the Court, is NO! Here, the Court refused to recognize the “community caretaking” rule as a “freestanding” Fourth Amendment category. During an argument with his wife, Edward Caniglia placed a handgun on…

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Legal Update

Restricting Sex Offenders’ Access to Social Media Web Sites Violates First Amendment Larry E. Holtz, Esq.  “To foreclose access to social media altogether is to prevent the user from engaging in the legitimate exercise of First Amendment rights.” In Packingham v. North Carolina, 137 S.Ct. 1730 (2017), the United States Supreme Court addressed a North Carolina statute making it a felony for any registered sex offender to gain access to “a commercial social networking Web site where the sex offender…