GOOD NEWS FOR GUN OWNERS: Supreme Court Rules on Confiscation of Legal Guns From Man’s Home
By WND. The U.S. Supreme Court has ruled that the generally accepted “community caretaking” responsibilities that police have, for example, to search an abandoned vehicle for dangerous weapons, does not apply to homes.
The ruling Monday came in a case brought by Edward Caniglia, a Rhode Island man, who charged that the police violated his Fourth Amendment rights by promising they would not take his guns, but then immediately searching his home and taking them.
The dispute arose because Caniglia and his wife had argued. During the course of the dispute Edward Caniglia handed his wife an unloaded gun and told her to kill him. . .
The U.S. Supreme Court has ruled against a warrantless seizure of guns while a man was in a hospital for a suicide evaluation. https://t.co/3bhVNRQgu5 #SCOTUS #FourthAmendment
— ABA Journal (@ABAJournal) May 17, 2021
They arrived at her home together, and found Edward Caniglia on the porch. He agreed to go to a hospital for an exam on the condition officers leave his guns alone.
They promised that, but immediately reneged and he sued. (Read more from “Supremes Rule on Cops Confiscating Legal Guns From Man’s Home” HERE)
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Supreme Court Unanimously Rejects Warrantless Gun Seizure
By Daily Caller. The Supreme Court ruled 9-0 on Monday that Rhode Island police officers acted illegally when they seized a man’s guns without a warrant.
Edward Caniglia sued the city of Cranston, Rhode Island, after police officers located and took his guns while he was in the hospital for a mental health wellness check. He argued that the seizure violated his Fourth Amendment rights, although two federal courts ruled against him. Those courts relied on a provision of the law that allows police to seize guns from drivers while on the road. . .
“The very core of the Fourth Amendment’s guarantee is the right of a person to retreat into his or her home and there be free from unreasonable governmental intrusion,” Justice Clarence Thomas wrote for the Court.
The police had argued that they were allowed to seize Caniglia’s guns during the wellness check because of the “community care-taking exception” to the Fourth Amendment. That exception allows police officers to conduct searches for what “may be described as community care-taking functions,” when “there is no claim of criminal liability.” (Read more from “Supreme Court Unanimously Rejects Warrantless Gun Seizure” HERE)
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