Update: 9-0 Unanimous ruling - Supreme Court to hear case regarding whether police can search for and seize firearms w/o a warrant.

[BStork]

Supreme Court Will Decide Whether Police Can Enter A Home To Seize Guns Without A Warrant

The Supreme Court is going to decide whether police can go into a person's home without a warrant in order to seize his guns.

www.forbes.com

Cliffs: Police can currently use "community care" exception to search without a warrant if they reasonably feel that doing so will prevent harm / danger. 1st circuit court of appeals has ruled in favor of police.

Caniglia v. Strom, 953 F.3d 112 | Casetext Search + Citator

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This is the case.

What do y'all think? On the one hand, I believe that we should do more to act on reports of red flag issues. On the other, the 4th amendment shouldn't take a back seat based in the judgement of a person who has only 3 months or whatever of police training.

 

[Diesel66]

Without a warrant, police shouldn't be able to take any property.

 

[Vilnius]

The problem is 'community care' will be abused to hell and back anytime they need an excuse.

 

[BStork]

The problem is 'community care' will be abused to hell and back anytime they need an excuse.

I agree. And, too, if an officer had any previous complaints against them, would that immediately call into question their judgement?

 

[BStork]

Without a warrant, police shouldn't be able to take any property.

We should also do away with civil forfeiture.

 

[popnfresh]

What reasonable to pigs is not the same as everyone else


so fuck that

 

[Diesel66]

We should also do away with civil forfeiture.

I have no problem after conviction of a felony and proof that the item was acquired by the profits

 

[MZ2215]

The problem is 'community care' will be abused to hell and back anytime they need an excuse.

Yeah it's way too vague

Unlike the “exigent circumstances” and “emergency aid” exceptions, the community caretaking exception is not limited to circumstances where there is no time to apply for a warrant. And the question of what sort of caretaking falls under this exception is extremely vague. Will the police be able to use it to, for example, conduct warrantless searches of political protesters’ homes to make sure they aren’t planning on violent behavior at their next political rally? The Supreme Court is going to take a very close look at this case and there is a good chance that they will overrule the lower court’s decision.

 

[KERS]

Take guns first

ask questions later

 

[Chuck Finley]

"While he was on his way to the hospital, Mrs. Caniglia told the police that her husband kept two handguns in the home. The police decided to search his home for the guns without obtaining a warrant. (Mrs. Caniglia’s consent to have the police search their home was legally negated because the police untruthfully told her that her husband had consented to the seizure of any guns.)"

Yeah, we should definitely allow the police to invent reasons under "community care" to seize property absent a warrant.

 

[joke's old]

problem is cops are bullshit that's why they need warrants to do shit

 

[whatever]

The problem is 'community care' will be abused to hell and back anytime they need an excuse.

.

 

[NoOneYouKnow]

Red flag laws that give police the right to seize firearms without a court order are awful.

 

[jrmcm]

I have no problem after conviction of a felony and proof that the item was acquired by the profits

But since they just can't/won't stop abusing it or fucking it up, it's a power that just needs to be taken away from them.

 

[BStork]

I have no problem after conviction of a felony and proof that the item was acquired by the profits

I could maybe get behind that, but there needs to be an actual forensic accounting type investigation, separate from a criminal trial, to prove that IMHO

 

[wait*what]

How is this a good idea!?!

And im for strict gun regulations

 

[BStork]

Get stopped by a cop with 1k cash on you? Sorry for your bad luck friend, police might just legally take that from you and hold it until you can prove that you lawfully had money.

 

[Gaunt]

WTF. throwing out the 4th amendment. this is like the british coming into my house to make sure I don't have any "illegal" items

The Fourth Amendment to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures. In addition, it sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized.

 

[whatever]

Get stopped by a cop with 1k cash on you? Sorry for your bad luck friend, police might just legally take that from you and hold it until you can prove that you lawfully had money.

also bullshit.

 

[jrmcm]

"While he was on his way to the hospital, Mrs. Caniglia told the police that her husband kept two handguns in the home. The police decided to search his home for the guns without obtaining a warrant. (Mrs. Caniglia’s consent to have the police search their home was legally negated because the police untruthfully told her that her husband had consented to the seizure of any guns.)"

Yeah, we should definitely allow the police to invent reasons under "community care" to seize property absent a warrant.

Wait, so their "community care" reasoning was so rock solid, that at first they decided to lie and knowingly obtain an illegal search?

 

[whatever]

cops shouldn't be allowed to lie to you either. fuck it lets nutter all their bullshit.

 

[Gaunt]

Get stopped by a cop with 1k cash on you? Sorry for your bad luck friend, police might just legally take that from you and hold it until you can prove that you lawfully had money.

This reminds me, If i have large amounts of cash on me, I should just keep a car bill of sale with it. was a cash transaction.

 

[CraneCamsOU]

cops shouldn't be allowed to lie to you either. fuck it lets nutter all their bullshit.

US is one of the few 1st world countries many banana republics with overreaching gov't powers where it's legal for police to straight up lie during interrogation. "Oh you better say Johnny did it because he already said you did. Come clean and we'll take care of you"

 

[whatever]

US is one of the few 1st world countries where it's legal for police to straight up lie during interrogation. "Oh you better say Johnny did it because he says you did. Come clean and we'll take care of you"

we're not first world anymore.

HTH

 

[CraneCamsOU]

we're not first world anymore.

HTH

Good point, I'll edit