Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-65 next last
To: MinorityRepublican

There’d be very quickly 10m political prisons in the western states to take them in.


21 posted on 03/24/2021 8:08:17 PM PDT by Shadylake
[ Post Reply | Private Reply | To 9 | View Replies]

To: MinorityRepublican

I have a gut feeling that Elon Musk will be teaming up with Trump as a VERY, VERY, silent and invisible partner Elon has most of the infrastructure in place already!! Elon is as fed up with the left as we are!!


22 posted on 03/24/2021 8:10:05 PM PDT by Trump Girl Kit Cat (Yosemite Sam raising hell)
[ Post Reply | Private Reply | To 20 | View Replies]

To: Trump Girl Kit Cat
I have a gut feeling that Elon Musk will be teaming up with Trump as a VERY, VERY, silent and invisible partner Elon has most of the infrastructure in place already!! Elon is as fed up with the left as we are!!

It wouldn't surprise me.

23 posted on 03/24/2021 8:17:01 PM PDT by MinorityRepublican
[ Post Reply | Private Reply | To 22 | View Replies]

To: yesthatjallen

When will Joe take time out to start writing “Mein Kampf”? TIme for him to do something original. The Gestapo did not only confiscate guns, they also executed gunowners in their front yards for all to see.


24 posted on 03/24/2021 8:17:06 PM PDT by 353FMG
[ Post Reply | Private Reply | To 1 | View Replies]

To: yesthatjallen

When will Joe take time out to start writing “Mein Kampf”? TIme for him to do something original. The Gestapo did not only confiscate guns, they also executed gunowners in their front yards for all to see.


25 posted on 03/24/2021 8:17:28 PM PDT by 353FMG
[ Post Reply | Private Reply | To 1 | View Replies]

To: Shadylake

George Soros wants a civil war.

He’s using a severely diminishing man to get one.


26 posted on 03/24/2021 8:44:53 PM PDT by BrexitBen
[ Post Reply | Private Reply | To 21 | View Replies]

To: Gay State Conservative

“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.”

The soviets were famous for sending criminals to “mental hospitals”. They were not happy to have their fair share in the Soviet system, and therefore, mentally ill.


27 posted on 03/24/2021 8:46:49 PM PDT by The Antiyuppie (When small men cast long shadows, then it is very late in the day.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: MinorityRepublican

No need to take the time to write his own “Mein Kampf”, Joe will just plagiarize the book already written.


28 posted on 03/24/2021 8:51:28 PM PDT by erkelly
[ Post Reply | Private Reply | To 23 | View Replies]

To: yesthatjallen

Oh I see no problem with that. /s x 10,000,000,000,000


29 posted on 03/24/2021 8:55:02 PM PDT by DoughtyOne (The Republican Party is dead. Long live the Founders Party.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: DIRTYSECRET
Most are not ready, willing to let it slide a little bit more.

Some are.

Bless them.

You gots to do what is right, for your family, your future, and the future of this country.

If you don't step up, that is ok, your family is important.

If you do step up, likely you will die, in the gutter, but it may be glorious.

Comes down to, "Are you willing?"

30 posted on 03/24/2021 8:57:57 PM PDT by going hot
[ Post Reply | Private Reply | To 3 | View Replies]

To: yesthatjallen

They [the Police] are coming to get the private [citizen owned] firearms. The only question remaining to be answered is when. People can deny it happening as long as they please.


31 posted on 03/24/2021 9:07:42 PM PDT by sport
[ Post Reply | Private Reply | To 1 | View Replies]

To: Secret Agent Man

Face reality. He [Biden] was just installed with the approval of the Republican Party to replace President Trump. Who was an advocate of the Right to Keep and Bear Arms. Why would they remove him from Office when they just stole an election to put him in Office?


32 posted on 03/24/2021 9:13:55 PM PDT by sport
[ Post Reply | Private Reply | To 6 | View Replies]

To: Noumenon

Yes you do. It will be us. Shot in the back of the head in the camps.


33 posted on 03/24/2021 9:16:39 PM PDT by sport
[ Post Reply | Private Reply | To 13 | View Replies]

To: caww

They are not following the Constitution. If the Constitution had been followed, President Trump would be in the White House.


34 posted on 03/24/2021 9:18:44 PM PDT by sport
[ Post Reply | Private Reply | To 12 | View Replies]

To: yesthatjallen

I’m sure their reasoning is “They helped us with the election. How could it possibly hurt to ask?”


35 posted on 03/24/2021 9:25:18 PM PDT by BradyLS (DO NOT FEED THE BEARS!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: sport

Not in my region they won’t. They know if they try their homes won’t be there after their shift. There will just be a huge hole in the ground.


36 posted on 03/24/2021 9:25:54 PM PDT by GreyHoundSailor
[ Post Reply | Private Reply | To 31 | View Replies]

To: Secret Agent Man

You’re talking about the man who served as VP under the ineligible Kenyanesian Usurper.
Who was cheated into office by both parties.
He will be removed when the ineligible Jamaican-Indian is ready.


37 posted on 03/24/2021 9:35:45 PM PDT by Lurkinanloomin (Natural Born Citizens Are Born Here of Citizen Parents)(Know Islam, No Peace - No Islam, Know Peace)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Secret Agent Man

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

Good luck finding a republican senator to bring charges or call for an investigation into his unconstitutional actions-


38 posted on 03/24/2021 9:58:27 PM PDT by Bob434
[ Post Reply | Private Reply | To 6 | View Replies]

To: yesthatjallen

Obvious violation of the 4th not that it matters at this point.


39 posted on 03/24/2021 10:06:13 PM PDT by LastDayz (A blunt and brazen Texan. I will not be assimilated.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Secret Agent Man
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.

link

40 posted on 03/24/2021 10:14:43 PM PDT by Gunslingr3
[ Post Reply | Private Reply | To 6 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-65 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson