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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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To: sport

exactly!


41 posted on 03/24/2021 10:24:42 PM PDT by caww
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To: yesthatjallen
2A funny">
42 posted on 03/24/2021 10:46:34 PM PDT by MAAG (Behold, the Lord came with many thousands of His holy ones, to execute judgment upon all)
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To: GreyHoundSailor
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.“.

How will you know when they start? They will not announce these raids to anyone. They will keep all knowledge of this activity from the public. They will arrive silently in the early morning or the middle of the night, with automatic weapons and level 4 body armor.

So when you hear the next day or a couple days later that a raid happened a few streets over, what are you going to do? You won’t know if it was justified or not and there will be no way to find out.

I’m just letting those that instinctively throw out the “from my cold dead hands type statements“ how things will not be so simple when it gets real. I would suggest to start thinking a little more strategically about how to stop this from happening.

43 posted on 03/24/2021 10:57:55 PM PDT by precisionshootist
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To: precisionshootist

We don’t have streets in my neighborhood. We don’t even have roads. We do have contacts and more toys than the local yokels could ever bring to bear.

We are most definitely not worried.


44 posted on 03/24/2021 11:17:55 PM PDT by GreyHoundSailor
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To: yesthatjallen

Why Not????

SCOTUS has allowed the confiscation of our highest elected position in the country... Might as well go big or go home!

Hey!!!... at least Roberts won’t have to worry about Riots!


45 posted on 03/24/2021 11:24:28 PM PDT by Safrguns
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To: yesthatjallen

So that’s why he built the wall around the White House... so he can’t be bothered in this way...

Nelson Ebo


46 posted on 03/24/2021 11:25:54 PM PDT by NEBO (The problem with the world is that fools & screaming harpies are so certain of themselves. )
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To: 353FMG
The Gestapo did not only confiscate guns, they also executed gunowners in their front yards for all to see.

That won't be happening in MY front yard. If I am to die anyways, I'll take the war to them.

47 posted on 03/24/2021 11:27:09 PM PDT by Lazamataz (I feel like it is 1937 Germany, and my last name is Feinberg.)
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To: precisionshootist
How will you know when they start? They will not announce these raids to anyone. They will keep all knowledge of this activity from the public.

That would require shutting down the internet.

Completely.

Oh, and the Dark Web too.

Oh, and making sure old-school 1990's BBS sites never come back.

Oh, and stopping all phone calls.

48 posted on 03/24/2021 11:30:19 PM PDT by Lazamataz (I feel like it is 1937 Germany, and my last name is Feinberg.)
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To: sport
Yes you do. It will be us. Shot in the back of the head in the camps.

Not the way *I* am going out.

49 posted on 03/24/2021 11:35:15 PM PDT by Lazamataz (I feel like it is 1937 Germany, and my last name is Feinberg.)
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To: GreyHoundSailor
We don’t have streets in my neighborhood. We don’t even have roads. We do have contacts and more toys than the local yokels could ever bring to bear. We are most definitely not worried.“.

You don’t have roads where you live? If so then there can’t be many people in the area which makes it a very soft target. Again with no roads and living far apart how will you know when they show up at one of your “contacts” doors at 3am? The answer is most likely you won’t. While I’m sure people that live in your area are well equipped do you really think they could repel a full on tactical team? These guys will have suppressed MP5s, select fire M4s, flash bangs, thermal Nods, level 4 entry vests, and all the others toys they are allowed to have but we can’t.

Please understand I’m not trying to say give up or anything like that but rather give some much needed food for thought on this subject. It’s easy to say we aren’t worried until a 12 man tactical team shows up at your door at 3am without warning.

50 posted on 03/24/2021 11:51:53 PM PDT by precisionshootist
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To: precisionshootist

Here it is - 3 am and I’m still up. Nothing gets within a half mile of us without warning. That’s plenty of time to pick an option - and we’ll be gone before they’re past the first gate.


51 posted on 03/25/2021 12:06:07 AM PDT by GreyHoundSailor
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To: Lazamataz
How will you know when they start? They will not announce these raids to anyone. They will keep all knowledge of this activity from the public. That would require shutting down the internet. Completely. Oh, and the Dark Web too. Oh, and making sure old-school 1990's BBS sites never come back. Oh, and stopping all phone calls. “.

Oh you will hear about raids but not until the next day or days later. If you or anyone or any group of people were going to take some kind of action you would need to know about the raid BEFORE it takes place. Even if you live across the street do you think the goon squad is going to tell you what they were up to? Even the best case scenario its a neighbor you know well but what are you going to do when you look out the window at 3am and see a tactical team go in to the home? Keep in mind you won’t know the the people who's homes get raided 99.9 percent of the time and you will have no idea when and where the next raid will occur and you won’t know if they are taking guns or busting up a drug lab and they won’t tell you.

What I’m trying to do is make people realize we have no idea how to respond to the reality of gun confiscation. We can’t even figure out how we will know when to do whatever it is we are going to do. We need to start thinking about this in terms of reality.

52 posted on 03/25/2021 12:14:10 AM PDT by precisionshootist
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To: precisionshootist
Oh you will hear about raids but not until the next day or days later. If you or anyone or any group of people were going to take some kind of action you would need to know about the raid BEFORE it takes place.

Incorrect.

If I hear about the raid of a friend down the street, I will realize I am next, and I will become kinetic.

53 posted on 03/25/2021 12:24:30 AM PDT by Lazamataz (I feel like it is 1937 Germany, and my last name is Feinberg.)
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To: yesthatjallen

The Supreme Court should rule against this illegal kind of “taking” esp. since many states now have “red flag” legislation that would allow police to legally take weapons away for people who act out of control and would be real threats to those around them.

The Booulder, Colorado shooter Ahmad is a prime example of someone who should have been “flagged” by his family, to the proper authorities. They didn’t and look what happened.

Putting some restraint on “futuristic” speculations by the police about someone’s behavior will probably be struck down by the courts in the case cited above in the story. A sane court would ask that the laws the police operate under be further clearly defined and delineated.


54 posted on 03/25/2021 12:39:43 AM PDT by MadMax, the Grinning Reaper
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To: Lazamataz
Oh you will hear about raids but not until the next day or days later. If you or anyone or any group of people were going to take some kind of action you would need to know about the raid BEFORE it takes place. Incorrect. If I hear about the raid of a friend down the street, I will realize I am next, and I will become kinetic.“

Again, it won’t happen that way. You will hear about the raid down the street and “go kinetic” whatever that means and guess what? Nothing happens. Several months go by, you go to work, to the grocery store, and generally go about your life “not kinetic” when out of the blue you come home close the door and boom! A very loud knock/crash and you are looking down the barrel of a half a dozen MP5s.

Do you think I’m making this stuff up? This is just one of many tactics that will be used. After you hear about raids taking place at random locations are you going to “go kinetic“ for the rest of your life, 24 hours a day?

55 posted on 03/25/2021 2:04:40 AM PDT by precisionshootist
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To: precisionshootist

Going kinetic happens once.

No more will be said about it by me.


56 posted on 03/25/2021 2:17:52 AM PDT by Lazamataz (I feel like it is 1937 Germany, and my last name is Feinberg.)
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To: precisionshootist
It’s easy to say we aren’t worried until a 12 man tactical team shows up at your door at 3am without warning.

If I were wealthy enough to have a place prepped in the country, I would have motion sensors to wake me but not tip off the intruders. A bunch of well placed claymores around the castle with triggers in my hand would stop the invasion nicely.

57 posted on 03/25/2021 2:51:36 AM PDT by MikeSteelBe (The South will be in the right in the next war of Northern aggression.)
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To: yesthatjallen

I think more than a few LEOs would balk at being ordered to kick in doors unannounced to seize guns. Biden will have to organize federal brownshirts to do this or create a Gestapo of fanatics.


58 posted on 03/25/2021 3:49:27 AM PDT by The Great RJ ("Socialists are happy until they run out of other people's money." Margaret Thatcher)
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To: Lazamataz

Me either but that is just me.


59 posted on 03/25/2021 5:44:54 AM PDT by sport
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To: sport

Only if you allow it. Take some with you.


60 posted on 03/25/2021 7:55:12 AM 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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