05/19/2021
🙌🏾🙌🏾🙌🏾
⁉️Supreme Court Rules Warrantless Home Gun Confiscation is Unconstitutional in 9-0 vote
Edward Caniglia and his wife had a nasty fight on Aug. 20, 2015, so bitter that his wife decided to spend the night at a hotel.
When Caniglia didn't answer the phone the next day, his wife, Kim, called the Cranston police, worrying that he might be suicidal. He had retrieved an unloaded gun during their argument the day before and said, “Why don’t you just shoot me and get me out of my misery.”
Officers questioned Caniglia and sent him to Kent Hospital for an evaluation, a step Caniglia said he agreed to only after police assured him they wouldn’t take his guns. Officers nonetheless seized his two guns and ammunition. Caniglia was released from the hospital the same day.
Caniglia, backed by the Rhode Island affiliate of the American Civil Liberties Union, sued the police after they refused to return his guns without a court order. The guns were returned 3½ months later, only after he filed suit.
On Monday, the U.S. Supreme Court unanimously decided that the police entering the house without a search warrant violates the Fourth Amendment to the Constitution.
Justice Clarence Thomas wrote the unanimous opinion for the Supreme Court, stating that law enforcement can execute “many civic tasks in modern society,” but there is “not an open-ended license to perform them anywhere.”
“The very core of the Fourth Amendment,” Thomas wrote, is the “right of a man to retreat into his own home and there be free from unreasonable search and seizure.”
“The ‘very core’ of this guarantee is ‘the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion,'” the opinion continued. “To be sure, the Fourth Amendment does not prohibit all unwelcome intrusions ‘on private property’ — only ‘unreasonable’ ones.”
Justice Samuel Alito wrote a concurring opinion for the ruling in which he addressed existing “red flag” laws that also call into question Fourth Amendment rights.
“This case also implicates another body of law that petitioner glossed over: the so-called “red flag” laws that some States are now enacting. These laws enable the police to seize guns pursuant to a court order to prevent their use for su***de or the infliction of harm on innocent persons,” Alito wrote.
“They typically specify the standard that must be met and the procedures that must be followed before fi****ms may be seized,” he continued. “Provisions of red flag laws may be challenged under the Fourth Amendment, and those cases may come before us. Our decision today does not address those issues.”
The case is Caniglia v. Strom ET AL., No. 20–157 in the Supreme Court of the United States.
SCOTUS opinion:
https://www.supremecourt.gov/opinions/20pdf/20-157_8mjp.pdf
Full articles:
Providence Journal: https://bit.ly/2RZDZGh
Breitbart: https://bit.ly/3eWskRy
I Am the Militia
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GUNS ARE ESSENTIAL
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Keep America Tactical
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Defund Gun Control
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