On Tuesday Forbes posted an article about an upcoming case in the Supreme Court.
The article reports:
The U.S. Supreme Court on Wednesday will hear oral argument in Caniglia v. Strom, a case that could have sweeping consequences for policing, due process, and mental health, with the Biden Administration and attorneys general from nine states urging the High Court to uphold warrantless gun confiscation. But what would ultimately become a major Fourth Amendment case began with an elderly couple’s spat over a coffee mug.
In August 2015, 68-year-old Edward Caniglia joked to Kim, his wife of 22 years, that he didn’t use a certain coffee mug after his brother-in-law had used it because he “might catch a case of dishonesty.” That quip quickly spiraled into an hour-long argument. Growing exhausted from the bickering, Edward stormed into his bedroom, grabbed an unloaded handgun, and put it on the kitchen table in front of his wife. With a flair for the dramatic, he then asked: “Why don’t you just shoot me and get me out of my misery?”
The argument escalated and eventually Kim decided to spend the night in a motel. When she called home the next day, there was no answer. She called the local police and asked them to do a ‘wellness check’ on her husband. The police did the check and reported that all was well.
The article continues:
Still, police were convinced that Edward could hurt himself and insisted he head to a local hospital for a psychiatric evaluation. After refusing and insisting that his mental health wasn’t their business, Edward agreed only after police (falsely) promised they wouldn’t seize his guns while he was gone.
Compounding the dishonesty, police then told Kim that Edward had consented to the confiscation. Believing the seizures were approved by her husband, Kim led the officers to the two handguns the couple owned, which were promptly seized. Even though Edward was immediately discharged from the hospital, police only returned the firearms after he filed a civil rights lawsuit against them.
Critically, when police seized the guns, they didn’t claim it was an emergency or to prevent imminent danger. Instead, the officers argued their actions were a form of “community caretaking,” a narrow exception to the Fourth Amendment’s warrant requirement.
Please follow the link above to read the entire article. It includes the arguments against warrantless gun confiscation and arguments for. The Biden administration
The article notes the two arguments:
In jurisdictions that have extended the community caretaking exception to homes, “everything from loud music to leaky pipes have been used to justify warrantless invasion of the home,” a joint amicus brief by the ACLU, the Cato Institute, and the American Conservative Union revealed.
…But in its first amicus brief before the High Court, the Biden Administration glossed over these concerns and called on the justices to uphold the First Circuit’s ruling. Noting that “the ultimate touchstone of the Fourth Amendment is ‘reasonableness,’” the Justice Department argued that warrants should not be “presumptively required when a government official’s action is objectively grounded in a non-investigatory public interest, such as health or safety.”
We are in danger of becoming a police state.