Tag Archives: Community caretaking exception

Supreme Court Could Greenlight Warrantless Gun Seizures, by Sovereign Man Blueprint

Something called the “community caretaking” exemption could swallow up the Second and Fourth Amendments. From Sovereign Man Blueprint via zerohedge.com:

What happened:

Last week the Supreme Court heard arguments in Caniglia v. Strum on whether police can enter a home without a warrant under a “community caretaking” exemption to the Fourth Amendment right against unreasonable search and seizure. The case stems from a 2015 incident in Rhode Island in which police entered an innocent man’s home, without his permission, and confiscated his firearms.

Police had been called by Edward Caniglia’s wife, who claimed she feared her husband might be suicidal after they had an argument. Edward spoke calmly to police when they showed up, told them he would never kill himself, and displayed no reason to believe he may be suicidal. Police bullied him into visiting a psychiatric care facility, and lied that they would not confiscate his firearms while he was away. The facility immediately released Edward, because in their assessment, his mental health was fine.

Police then lied to Edward’s wife, saying her husband gave police permission to enter the home and remove his firearms, which they did.

After Edward sued, his firearms were returned. But the court ruled the police had acted properly in seizing the guns based on “community care.” Edward’s appeal made it to the Supreme Court.

At last week’s arguments in front of the Supreme Court, the Biden administration sent a representative of the United States to argue on the officers’ behalf. In other words, the Biden administration is in favor of a court decision which would allow police to enter homes and confiscate firearms without a warrant in the name of “community care.”

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Biden Administration Urges Supreme Court To Let Cops Enter Homes And Seize Guns Without A Warrant, by Nick Sibilla

The Biden administration wants the Supreme Court to expand an exception to the Fourth Amendment in a way that would swallow it up. From Nick Sibilla at forbes.com:

he U.S. Supreme Court on Wednesday will hear oral argument in Caniglia v. Strom, a case that could have sweeping consequences for policing, due process, and mental health, with the Biden Administration and attorneys general from nine states urging the High Court to uphold warrantless gun confiscation. But what would ultimately become a major Fourth Amendment case began with an elderly couple’s spat over a coffee mug.

In August 2015, 68-year-old Edward Caniglia joked to Kim, his wife of 22 years, that he didn’t use a certain coffee mug after his brother-in-law had used it because he “might catch a case of dishonesty.” That quip quickly spiraled into an hour-long argument. Growing exhausted from the bickering, Edward stormed into his bedroom, grabbed an unloaded handgun, and put it on the kitchen table in front of his wife. With a flair for the dramatic, he then asked: “Why don’t you just shoot me and get me out of my misery?”

Perhaps unsurprisingly, the tactic backfired and the two continued to argue. Eventually, Edward took a drive to cool off. But when he returned, their argument flared up once again. This time, Kim decided to leave the house and spend the night at a motel. The next day, Kim phoned home. No answer.

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