Law Supreme Court Rules Against Red Flag Laws 9-0

[Holic]

The U.S. Supreme Court unanimously ruled on Monday that an exception to the Fourth Amendment for “community caretaking” does not allow police to enter and search a home without a warrant.

The “community caretaking” exception originated from a 1973 case, Cady v. Dombrowski, in which an officer took a gun out of an impounded car without a warrant. The Supreme Court ruled at the time that police can conduct such warrantless searches if they are performing “community caretaking functions” in a “reasonable” manner.

Monday’s ruling, in the case Caniglia v. Strom, centered on whether that exception also justifies warrantless searches of homes. In a 9-0 ruling, the court decided that it does not.

While Cady recognized that police perform “many civil tasks” in modern society, the “recognition that these tasks exist” is not “an open-ended license to perform them anywhere,” Justice Clarence Thomas wrote in the majority opinion. “The Fourth Amendment protects ‘[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,’” he continued.

(As Justice Samuel Alito noted in his concurrence, Monday’s ruling does not apply to another Fourth Amendment exception known as the “exigent circumstances” exception, which allows police to enter homes without a warrant to help “an injured occupant or to protect an occupant from imminent injury.’”)

https://time.com/6048974/supreme-co...L52YM5nUj32QvpAkkbSMui5LLLhAf85H-Rrkl3MG6gjm8

https://americanmilitarynews.com/20...arymemes&utm_campaign=alt&utm_medium=facebook

Can't wait to see Biden try to push this in executive order now...

 

[Papi Chulo]

Good

 

[Seano]

Nice and good.

 

[Halifax]

9-0.

Not even a debate to be had about it

 

[Oceanmachine]

Surprised and not good in my opinion

 

[Proud American]

Where does it say red flag laws are now illegal?

so you are saying that a neighbor can’t call the police to take guns from another American citizen using “he’s acting strange or dangerously” as an excuse for authorities to come confiscate our firearms?

I’m prepared to celebrate, but something tells me this will continue

red flag laws use special warrants don’t they? This ruling will just normalize those even more.

 

[nostradumbass]

Obviously. Not sure why they ever thought there was a chance they wouldn't get slapped down for trying to shit on 2 of the first 5 amendments.

 

[Proud American]

Liberal blue state red flag laws are not struck down. Those use special judge issued seizure warrants.

please change the thread title

in leftist run tyrannical states a liberal neighbor can still call the cops on their neighbor who dared have a Trump flag and say that they felt the neighbor was acting dangerously recently, and the police will show up guns drawn to seize that mans weapons. No due process needed still.

thread title was always too good to be true.

 

[Cubo de Sangre]

Where does it say red flag laws are now illegal?

It' doesn't, unless red flag laws involve not having a warrant. I thought they were court-ordered seizures. But this case does involve confiscating firearms over fears of suicide.

The suit was filed by a Rhode Island man, Edward Caniglia, after police officers searched his home and seized two handguns without a warrant in 2015. During an argument with his wife, Caniglia had placed a handgun on the dining room table and asked her to “shoot [him] and get it over with.” His wife left and spent the night elsewhere, and after not being able to reach him the next day, called the police. The police found Caniglia on his porch; he denied he was suicidal but agreed to go to the hospital for psychiatric evaluation “on the condition that the officers would not confiscate his firearms,” according to Monday’s opinion.

The police did so anyway after he left.

Caniglia later sued the officers, arguing that the search and seizure violated his Fourth Amendment rights. The officers argued that their actions were legal because they believed Caniglia was suicidal. The District Court and the First Circuit Court of Appeals agreed with the police, ruling that the search counted as “community caretaking”—and that Cady had extended to both cars and homes.

 

[Protectandserve]

I dont think this affects red flag laws at all. Those are a court order issued by a judge.

This prevents you as an officer from conducting a search under the guise of community care taking entry.

It makes sense. You should not be conducting a search under those circumstances anyway.

 

[genecop]

Let’s see how long it takes some idiot to show up in thread feeling disappointed..lol

 

[cleetus]

I dont think this affects red flag laws at all. Those are a court order issued by a judge.

This prevents you as an officer from conducting a search under the guise of community care taking entry.

It makes sense. You should not be conducting a search under those circumstances anyway.

So what happens when a homeowner leaves a firearm unattended, in plain view, and imminently accessible to the public? Guy left his garage door wide open and in the garage was a gun on a box that could have been accessible to anyone walking 10 feet onto his property. Is securing that gun a community caretaking function or an illegal search?

 

[LangfordBarrow]

Let’s see how long it takes some idiot to show up in thread feeling disappointed..lol

Disappointed in the thread title maybe?

 

[Holic]

From Politifact:

Indiana’s law allows police to seize firearms without first obtaining a judicial order. However, they must then submit a statement to a judge, who can overturn the officer’s decision and refuse to issue a preliminary order, according to Giffords. Similar to other states, that preliminary order requires a hearing on a final order be held within 14 days. https://www.politifact.com/factchec...-flag-laws-allow-gun-seizure-without-judges-/

Mods can change the thread title if they want.

 

[Protectandserve]

So what happens when a homeowner leaves a firearm unattended, in plain view, and imminently accessible to the public? Guy left his garage door wide open and in the garage was a gun on a box that could have been accessible to anyone walking 10 feet onto his property. Is securing that gun a community caretaking function or an illegal search?

Unsecured in plain view would be different.

This case specifically states the officers "searched" for the guns.

I'm not opposed to care taking seizures(like in your example). But you can't use that as an excuse to conduct a search.

 

[HockeyBjj]

Good

But that doesn’t say red flag laws are now banned. Just that they need to have a judge involved write a warrant, which is how I thought all the red flag laws were written to be in the first place. Super messed up, as evidenced by a 9-0 ass kicking, that some left that solely up to police discretion in the first place but at least remedied

 

[MicroBrew]

That is good news.

When you can get all 9 justices to swing one way, the other side dun fcuked up.

 

[Scrody]

Good.

 

[panamaican]

Not surprised. I said in another thread that extending it into homes would really undermine the point of the 4th.

 

[AleYeah]

Surprised and not good in my opinion

Why?