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Supreme Court Unanimously Rebuffs Biden Administration on Warrantless Searches for Handguns
Epoch Times ^ | May 17,2021 | Matthew Vadum

Posted on 05/17/2021 6:54:04 PM PDT by Hojczyk

The Supreme Court unanimously rejected Biden administration arguments in a case from Rhode Island that police should be allowed to enter homes without a warrant to seize handguns.

The ruling in the case, Caniglia v. Strom, court file 20-157, came May 17.

Erich Pratt, Senior Vice President of Gun Owners of America and the affiliated Gun Owners Foundation, praised the new decision.

“The Supreme Court today smacked down the hopes of gun grabbers across the nation,” Pratt said.

The case came before the high court for oral argument two months ago as President Joe Biden and congressional Democrats began pressing for aggressive new restrictions on Second Amendment gun ownership rights, including controversial “red flag” laws, which allow gun seizures from law-abiding gun owners with limited due process, in the wake of highly publicized deadly mass shootings in March at a Boulder, Colorado, supermarket and at Atlanta-area spas.

Police generally cannot conduct searches of private property without consent or a warrant.

In Cady v. Dombrowski the Supreme Court held in 1973 that police may conduct warrantless searches related to “community caretaking functions,” but only for “vehicle accidents.” Since then, the principle has become “a catchall for a wide range of responsibilities that police officers must discharge aside from their criminal enforcement activities,” the 1st Circuit Court of Appeals stated in the Caniglia case.


TOPICS: Constitution/Conservatism; Crime/Corruption; Government
KEYWORDS: banglist; canigliavsstrom; goa; scotus; scotus90

1 posted on 05/17/2021 6:54:04 PM PDT by Hojczyk
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Smells like a bogus case/cake.


2 posted on 05/17/2021 6:59:45 PM PDT by Gene Eric (Don't be a statist!)
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To: Hojczyk

I am sure it has occurred, but I cannot recall a 9-0 decision in recent years.


3 posted on 05/17/2021 6:59:57 PM PDT by Michael.SF. (Never do anything illegal, when you are doing something illegal.)
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To: Michael.SF.

Im shocked that Kagan and the Wise Latina voted with the majority.


4 posted on 05/17/2021 7:04:09 PM PDT by Husker24 (Pp)
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To: Hojczyk
On August 20, 2015, Petitioner Edward A. Caniglia (“Caniglia”) was at home with his wife, Kim Caniglia (“Mrs. Caniglia”), at their residence in Cranston, Rhode Island. A marital conflict ensued between the couple, eventually leading Caniglia to fetch a handgun from a bedroom. Caniglia threw the gun on the dining room table and asked Mrs. Caniglia to shoot him.

Did they rule that she could shoot him?

5 posted on 05/17/2021 7:05:24 PM PDT by nickcarraway
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To: Hojczyk
Police generally cannot conduct searches of private property without consent or a warrant

THIS is the whole reasoning behind "common sense gun laws", and "certified safety training" and such "reasonable" restrictions on firearms ownership.

In Canada, in order to qualify for a "Possession And Acquisition Licence", your post-course licence application MUST include a signature allowing unannounced *Inspections* of your firearms and ammunition storage areas.

DON'T LET IT HAPPEN!

6 posted on 05/17/2021 7:06:09 PM PDT by Don W (When blacks riot, neighbourhoods and cities burn. When whites riot, nations and continents burn.)
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To: Husker24

She knows this could hurt her armed libtard buddies too.


7 posted on 05/17/2021 7:11:37 PM PDT by Secret Agent Man (Gone Galt; Not Averse to Going Bronson.)
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To: Hojczyk

Biden violated to Constitutional rights at the same time


8 posted on 05/17/2021 7:16:03 PM PDT by Rocko Jack
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To: Hojczyk

Kind of surprise. How many liberal justices are there?


9 posted on 05/17/2021 7:29:25 PM PDT by Lee25 ( )
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To: Hojczyk

Does anyone seriously believe this illegitimate administration is going to abide by any law or anything the SCOTUS tells them they can’t do? Seriously? There’s no one, no one enforcing the laws against the DC criminal cabal. They’ll ruin anyone who tries. The Principalities of Evil have been loosed on this country and particularly on to President Donald Trump. Pray!


10 posted on 05/17/2021 7:45:27 PM PDT by drypowder
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To: Hojczyk

Now we can all breathe easily and continue to follow JoeBi’s awesome gun advice and just keep shooting our shotguns right through the door...


11 posted on 05/17/2021 7:59:09 PM PDT by Secret Agent Man (Gone Galt; Not Averse to Going Bronson.)
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To: Secret Agent Man

Oops! That was the UPS guy.

12 posted on 05/17/2021 8:10:08 PM PDT by TigersEye (Will the Younger Dryas Impact you? )
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To: Michael.SF.
I am sure it has occurred, but I cannot recall a 9-0 decision in recent years.

They happen all the time. They are not much reported on because they generally are not terribly controversial or revolve around really small nitpicky things.

In this case, the writer is engaging a bit in hyperbole.

While this was an important case, it was based on search and seizure. It is not so much about guns.

Here's my blurb on GAB about it...
The Supreme Court issued an important decision clarifying search and seizure rules today in the case of Caniglia V. Strom et al.

Quoting the opinion:
Held: Neither the holding nor logic of Cady justifies such warrantless searches and seizures in the home. Cady held that a warrantless search of an impounded vehicle for an unsecured firearm did not vio- late the Fourth Amendment. In reaching this conclusion, the Court noted that the officers who patrol the “public highways” are often called to discharge noncriminal “community caretaking functions,” such as responding to disabled vehicles or investigating accidents. 413 U. S., at 441. But searches of vehicles and homes are constitutionally different, as the Cady opinion repeatedly stressed. Id., at 439, 440– 442. The very core of the Fourth Amendment’s guarantee is the right of a person to retreat into his or her home and “there be free from un- reasonable governmental intrusion.” Florida v. Jardines, 569 U. S. 1, 6. A recognition of the existence of “community caretaking” tasks, like rendering aid to motorists in disabled vehicles, is not an open-ended license to perform them anywhere. Pp. 3–4.

Thomas, J., delivered the opinion for a unanimous Court. Roberts, C. J., filed a concurring opinion, in which Breyer, J., joined. Alito, J., and Kavanaugh, J., filed concurring opinions

End quote

Thomas' opinion was pretty darn short and to the point. What was more interesting were the concurrences. Kavanaugh's cuncurrance in particular. A quick read through that would tell you that as far as Kavanaugh is concerned, there are endless ways to get around that pesky warrant requirement.

You can read the entirety of the decision here: (it is pretty short as these things go) Caniglia v. Strom.

13 posted on 05/17/2021 8:38:19 PM PDT by zeugma (Stop deluding yourself that America is still a free country.)
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To: Hojczyk
Nine to zero?

Does this mean that Schumer's plans to pack SCOTUS with 6 new judges must now be scaled up to at least 12 new judges?

14 posted on 05/17/2021 8:49:14 PM PDT by CardCarryingMember.VastRightWC (Unity? Of course! I pledge to respect your President as much as you respected mine the past 4 years.)
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To: Husker24
Im shocked that Kagan and the Wise Latina voted with the majority.

May be worried the cops may extend the seizures to things more dear to liberal's black little souls?

15 posted on 05/17/2021 10:17:05 PM PDT by doorgunner69 ("Those who vote decide nothing. Those who count the vote decide everything.." -Joseph Stalin)
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To: TigersEye

:)


16 posted on 05/18/2021 4:39:18 PM PDT by Secret Agent Man (Gone Galt; Not Averse to Going Bronson.)
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To: Secret Agent Man

My God that man is stupid. On the best day of his life he was dumber than a Pet Rock.
And that day was decades ago.


17 posted on 05/18/2021 8:41:02 PM PDT by TigersEye (Will the Younger Dryas Impact you? )
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