The Original CZ Forum
GENERAL => Right to Keep and Bear Arms => Topic started by: Abe on March 25, 2021, 05:53:58 PM
-
Interesting: https://www.npr.org/2021/03/24/980906085/supreme-court-mulls-whether-police-can-enter-home-without-warrant-to-save-a-life
“ The actual case before the court involved a heated argument between a long-married couple, Edward and Kim Caniglia. He brought out a gun and told her to shoot him to put him out of his "misery." Then after he left the house in a huff, she hid the gun, and spent the night in a motel. The next morning, unable to reach her husband, she asked police to escort her home because was afraid he might have harmed himself.
Police found the husband on the front porch, and sent him for a psychological evaluation. Later that day, doctors concluded he was not a threat to himself or others and released him. In the meantime, police had confiscated his guns and ammunition. So he sued, alleging an illegal seizure and search of his home.”
-
He'll have a tough time getting anywhere with that if the spouse gave permission by requesting them to accompany her to the home.
Still, not really enough information to judge, however if it's made it to the SCOTUS, then at least two or three other courts haven't been able to definitively say one way or another. The report sounds like the SCOTUS doesn't really know and doesn't want to get caught on the wrong side of a line.
-
Here's another article with more on the case. Apparently the cops lied to the wife, saying her husband consented to the seizure when in fact he hadn't.
https://www.forbes.com/sites/nicksibilla/2021/03/23/biden-administration-urges-supreme-court-to-let-cops-enter-homes-and-seize-guns-without-a-warrant/?sh=174db3e82829 (https://www.forbes.com/sites/nicksibilla/2021/03/23/biden-administration-urges-supreme-court-to-let-cops-enter-homes-and-seize-guns-without-a-warrant/?sh=174db3e82829)
Most troubling was this quote from the 1st Circuit Court's ruling (emphasis added):
Siding with law enforcement, the First Circuit noted that a police officer “must act as a master of all emergencies, who is ‘expected to...provide an infinite variety of services to preserve and protect community safety.’”
Such a doctrine would eviscerate any practical protection the Fourth Amendment is meant to offer.
-
I think that they're going to have some explaining to do when it comes to not obtaining a proper warrant for the seizure when it comes down to it. Lying to a suspect or family in a case is nothing new, and I believe was even brought to the Supreme Court before and ruled lawful, however violating the 4th amendment when a doctor says nothing is wrong is going to be where their main issue is.
Sent from my SM-N975U1 using Tapatalk
-
While interesting, this is not a RKBA case per se, it is a 4th Amendment case.