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SCOTUS Strikes Down Biden-Backed Police Firearm Seizure Case
Trending Politics ^ | 17 may 21 | Kyle Becker

Posted on 05/17/2021 10:08:06 AM PDT by xzins

by about an hour ago

The Supreme Court has dealt the Biden administration a defeat on a “caretaking” case. The case tested whether or not police could enter private property without a warrant if an individual was believed to pose a threat to himself or others.

In the case Caniglia v. Strom, the Supreme Court ruled that “caretaking” did not justify entering a man’s home to remove firearms because he was believed to have expressed suicidal thoughts. The man was taken to a local mental health facility for psychiatric evaluation.

“Police entered the home under a ‘community caretaking’ exception that allows entry in cases where doing so benefits the public interest, which has traditionally applied to incidents regarding vehicles but not in homes,” Forbes reported.

(Excerpt) Read more at trendingpolitics.com ...


TOPICS: Breaking News; News/Current Events
KEYWORDS: 2a; 2ndamendment; 4a; 4thamendment; banglist; canigliavstrom; donutwatch; fourthamendment; goa; guns; scotus; secondamendment; supremes; thesupremecourt; thesupremefart
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1 posted on 05/17/2021 10:08:06 AM PDT by xzins
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To: All
“What is reasonable for vehicles is different from what is reasonable for homes,” Justice Clarence Thomas wrote in his opinion. Thomas noted that the “community caretaking” exception did not constitute “a standalone doctrine that justifies warrantless searches and seizures in the home.”
2 posted on 05/17/2021 10:08:50 AM PDT by xzins (Retired US Army chaplain. Support our troops by praying for their victory. )
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To: xzins; mylife; Joe Brower; MaxMax; Randy Larsen; waterhill; Envisioning; AZ .44 MAG; umgud; ...

RKBA Ping List


This Ping List is for all things pertaining to infringes upon or victories for the 2nd Amendment.

FReepmail me if you want to be added to or deleted from the list.

More 2nd Amendment related articles on FR's Bang List.

3 posted on 05/17/2021 10:09:22 AM PDT by PROCON (Our rights do not come from government, therefore they cannot take them away.)
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To: xzins

“The Supreme Court’s ruling was unanimous.”

Amazing


4 posted on 05/17/2021 10:11:31 AM PDT by where's_the_Outrage? (Drain the Swamp. Build the Wall.)
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To: xzins
‼️
5 posted on 05/17/2021 10:12:34 AM PDT by aMorePerfectUnion (“Old wood best to burn, old wine to drink, old friends to trust, and old authors to read.” )
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To: where's_the_Outrage?

Exactly.

That struck me as really unusual. They must have traded off on a different case.


6 posted on 05/17/2021 10:12:52 AM PDT by xzins (Retired US Army chaplain. Support our troops by praying for their victory. )
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To: xzins

According to the article, the Supreme Court’s ruling was unanimous!

So maybe the quaint old Bill of Rights still has some life in it after all.


7 posted on 05/17/2021 10:14:56 AM PDT by Leaning Right (I have already previewed or do not wish to preview this composition.)
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To: Leaning Right

My sense is they traded off on another controversial area that we’ll find out about later.

I’ve gotten really cynical in my old age.


8 posted on 05/17/2021 10:16:37 AM PDT by xzins (Retired US Army chaplain. Support our troops by praying for their victory. )
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To: where's_the_Outrage?

Even THEY realize how broadly weaponized this could be used.

Somebody known to be a drug user? No knock warrant to seize drugs? Sure, why not? They may use those drugs and harm themselves or somebody else. They could get behind the wheel!!! OMG!!! take their car too!

Parent shouts at a ref during kids soccer game? Other Parent “does not feel safe”? Raid the house! confiscate baseball bat, nail gun, 2*4s, all sharp and pointy things in the kitchen? Sure!


9 posted on 05/17/2021 10:18:49 AM PDT by uranium penguin
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To: where's_the_Outrage?

:
https://www.supremecourt.gov/opinions/20pdf/20-157_8mjp.pdf


10 posted on 05/17/2021 10:20:48 AM PDT by ptsal (Vote R.E.D. >>>Remove Every Democrat ***)
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To: xzins

“objectively grounded in a non-investigatory public interest, such as health or safety” This “Health and Safety” nonsense is how we got to the dictatorial circumstances we are in now, with all levels of government seizing powers they don’t have in the name of “health and safety.” The only “Safety” the government is to provide is to protect our borders and they are doing a piss-poor job of that.


11 posted on 05/17/2021 10:21:41 AM PDT by Savage Rider
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To: xzins

If they traded off, I wonder of that means the upcoming abortion case will not have an outcome we like.


12 posted on 05/17/2021 10:21:44 AM PDT by ClearCase_guy ("I see you did something -- why you so racist?")
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To: xzins

Don’t expect Democrat owned and operated police departments to be in any particular rush to tell their cops to stop and get a warrant before kicking in doors with this ‘health and safety’ pretext being tossed.

They still have lots of guns to illegally seize and lots of people to oppress with Soviet-style accusations of mental health problems.


13 posted on 05/17/2021 10:23:32 AM PDT by MercyFlush (Senator Joseph McCarthy was right. )
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To: xzins
I wonder if this means that “red flag” laws are also unconstitutional? Every state has involuntary commitment laws which allow a doctor or a cop to have a person involuntarily committed to a psych facility for a short period (IIRC it's 72 hours in Massachusetts). Of course a person who's been admitted to a psych facility won't have access to firearms.
14 posted on 05/17/2021 10:23:59 AM PDT by Gay State Conservative (Trump: "They're After You. I'm Just In The Way")
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To: xzins
Methinks the squishes and Leftists/Fascists on SCOTUS desperately wanted to uphold the seizure, but they know the Second Amendment is what will set off a Second Civil war.

Also of note, I don't see the NRA filing any Amicus Briefs or otherwise helping with this case, but I do see that the GOA and Second Amendment Foundation did.

I am glad that I trusted my instincts and passed up getting a lifetime NRA membership ...

15 posted on 05/17/2021 10:26:25 AM PDT by SecondAmendment (This just proves my latest theory ... LEFTISTS RUIN EVERYTHING !)
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To: PROCON; All

UNANIMOUS! WOWIE! That’s one for the record book.

God Bless SC Judge Clarence Thomas! Wa-HOOOOOOOOOOO!


16 posted on 05/17/2021 10:31:04 AM PDT by Diana in Wisconsin (I don't have 'Hobbies.' I'm developing a robust post-Apocalyptic skill set. )
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To: xzins

There’s no due process which is why I will never vote for these mental gun grabs without it. It’s unconstitutional and allows the corrupt to abuse citizens.


17 posted on 05/17/2021 10:39:07 AM PDT by NWFree (Somebody has to say it)
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To: ClearCase_guy

Could be. Or maybe one in the recent past that we didn’t like.


18 posted on 05/17/2021 10:43:02 AM PDT by xzins (Retired US Army chaplain. Support our troops by praying for their victory. )
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To: xzins

My sense is they traded off on another controversial area that we’ll find out about later.


...or that after just four months of one party rule they see how fast a small group of men with an agenda can destroy our nation.

The check and balance of our Republic is broken. The Supreme Court is the only check left.

We can always hope..


19 posted on 05/17/2021 10:43:31 AM PDT by CIB-173RDABN (I am not an expert in anything, and my opinion is just that, an opinion. I may be wrong.)
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To: Gay State Conservative

Good question. It makes sense what you say given what Justice Thomas wrote.


20 posted on 05/17/2021 10:44:04 AM PDT by xzins (Retired US Army chaplain. Support our troops by praying for their victory. )
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