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Biden admin calls on SCOTUS to let police enter homes, confiscate guns without a warrant
Sara Carter ^ | 03 24 2021 | Douglas Braff

Posted on 03/24/2021 7:28:50 PM PDT by yesthatjallen

On Wednesday, the U.S. Supreme Court will hear oral arguments in a case about whether law enforcement officers can enter people’s home and confiscate guns without a warrant, Forbes reported.

This comes in the wake of two mass shootings in the past eight days that have renewed the gun control debate, which has been relatively dormant throughout the coronavirus pandemic.

Caniglia v. Strom, Forbes senior contributor Nick Sibilla wrote, is a case that could have wide-ranging consequences for policing, due process, mental health, as well as the Fourth Amendment. Notably, as part of the case, the Biden administration and attorneys general from nine states are calling on the court to uphold warrantless gun confiscation.

The case all started with an elderly couple’s dispute over a coffee mug in August 2015.

To summarize the story, an argument led to the husband—Edward Caniglia—grabbing a handgun, putting it on the kitchen table, and telling his wife Kim: “Why don’t you just shoot me and get me out of my misery?” This led to more arguing and eventually to Mrs. Caniglia spending the night in a motel. She phoned her home the next day but got no answer, which prompted her to call the police in Cranston, Rhode Island and ask them to conduct a “well check” on her husband and to escort her home.

The police, however, did not conduct the check according to the books. They then insisted that Mr. Caniglia go to the hospital for an evaluation, though Mr. Caniglia refused, emphasizing that his mental health wasn’t their business. Mr. Caniglia agreed only after police promised—albeit falsely—they would not confiscate his guns while he was away.

Furthermore, officers then told Mrs. Caniglia that her husband had consented to the seizure, and she led them to the two handguns they owned, which were then seized. Despite Mr. Caniglia being immediately discharged from the hospital, police only gave back the firearms after he filed a civil rights case against them.

Significantly, when police confiscated the handguns, they did not allege it was to prevent imminent danger. Rather, they argued their actions were a manner of “community caretaking,” a slim exception to the warrant requirement in the Fourth Amendment of the Constitution.

SNIP


TOPICS: News/Current Events
KEYWORDS: banglist; biden; confiscation; didyousearch; guns; saracarter
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1 posted on 03/24/2021 7:28:50 PM PDT by yesthatjallen
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To: yesthatjallen

Well if SCOTUS says it, then we know it’s un-Constitutional.

Bunch of old buzzards with no respect for America.


2 posted on 03/24/2021 7:29:50 PM PDT by a fool in paradise (Lean on Joe Biden to follow Donald Trump's example and donate his annual salary to charity. )
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To: a fool in paradise

G. Gordon Liddy had a way to deal with it.


3 posted on 03/24/2021 7:31:00 PM PDT by DIRTYSECRET (`)
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To: yesthatjallen

We were warned...


4 posted on 03/24/2021 7:32:01 PM PDT by econjack
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To: yesthatjallen
If a person is "unstable" commit him/her to a psychiatric hospital as allowed by long established laws on the books in all 50 states. Of course those committed under such a law have access to the courts.

"Red flag" laws are unnecessary as well as unconstitutional and are an obvious effort to infringe upon 2nd Amendment rights in yet *another* way.

5 posted on 03/24/2021 7:34:06 PM PDT by Gay State Conservative (Trump: "They're After You. I'm Just In The Way")
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To: yesthatjallen

Omfg this ought to be enough to remove his wrinkled a$$ from office.

Any president demanding blatant, obvious unconstitutional action should be removed from office right away.


6 posted on 03/24/2021 7:34:58 PM PDT by Secret Agent Man (Gone Galt; Not Averse to Going Bronson.)
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To: Secret Agent Man

Despot rulers of banana republics are typically must be removed by force.


7 posted on 03/24/2021 7:35:49 PM PDT by Levy78
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To: yesthatjallen

moral of that story...never get involved between a love hate domestic situation.


8 posted on 03/24/2021 7:37:52 PM PDT by caww
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To: Levy78

You’re right. One weekend, 10 million Americans could drive to Washington, D.C. peacefully. We would protest outside of the White House. FBI would not be able to arrest all of us.


9 posted on 03/24/2021 7:37:56 PM PDT by MinorityRepublican
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To: yesthatjallen

The outcome of this case will be the reason Dawse, Prescott & Revere saddle up their horses...

It will be for nothing this time around...
No one will show up at the bridge...


10 posted on 03/24/2021 7:39:49 PM PDT by SuperLuminal (Where is Joe McCarthy now that we desperately need him sober?)
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To: MinorityRepublican

Takes organization and leadership. Something we do not have. Marxists are allowed to organize. Heritage American Patriots are not.


11 posted on 03/24/2021 7:39:59 PM PDT by Levy78
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To: Secret Agent Man

Just what Constituiton is the Biden Administration following?.....cause I don’t see that they are in any of their decisions....Why should they, they’re accountable to no one as it is.


12 posted on 03/24/2021 7:40:27 PM PDT by caww
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To: a fool in paradise

I see dead people.


13 posted on 03/24/2021 7:52:37 PM PDT by Noumenon (The Second Amendment exists primarily to deal with those who just won't take no for an answer. KTF)
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To: yesthatjallen

I wouldn’t let those lying officers caretaking after my cat in the backyard. Not good to lie under color of authority.


14 posted on 03/24/2021 7:55:19 PM PDT by healy61
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To: All
"I think it's time for our friends in the press to leave now"

All Media Evacuated From White House As Joe Biden Stares Blankly into Camera & Asks What's Going On

Biden Confusion (35 secs)

15 posted on 03/24/2021 7:56:40 PM PDT by yesthatjallen
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To: yesthatjallen

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

+++++++++++++++

Does anyone believe warrantless searches and seizures will stop with guns?


16 posted on 03/24/2021 8:01:35 PM PDT by Southside_Chicago_Republican (The more I learn about people, the more I like my dog. )
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To: yesthatjallen; 100American; 3D-JOY; abner; Abundy; AGreatPer; Albion Wilde; AliVeritas; alisasny; ..
Me: Government needs a warrant to seize somebody's firearms.

Biden:

PING!

17 posted on 03/24/2021 8:01:56 PM PDT by Tolerance Sucks Rocks (GOP-free since 10/9/20)
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To: DIRTYSECRET

We all have a way to deal with it. And best not wait until it’s OUR house.

Blatently unconstitutional. Blatently!

“When, in the course of human events.....”


18 posted on 03/24/2021 8:04:09 PM PDT by meyer (I swear to protect and defend the Constitution against ALL enemies, foreign and domestic!)
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To: yesthatjallen

SCOTUS won’t even hear the case


19 posted on 03/24/2021 8:04:55 PM PDT by Rembrandt (-a sure sign a Dem is lying - his lips are moving.)
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To: Levy78
Takes organization and leadership. Something we do not have. Marxists are allowed to organize. Heritage American Patriots are not.

We'll get banned immediately on social media (facebook and twitter) if we were to organize an event like this. That is why we need Gab, Parler and Trump's social network to emerge as viable alternatives. And they must not use AWS (Amazon Web Services).

20 posted on 03/24/2021 8:07:13 PM PDT by MinorityRepublican
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