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Supreme Court rules warrantless home gun confiscation is unconstitutional in 9-0 vote

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  • Supreme Court rules warrantless home gun confiscation is unconstitutional in 9-0 vote

    Supreme Court rules warrantless home gun confiscation is unconstitutional in 9-0 vote

    The Supreme Court ruled Monday that warrantless gun confiscation from Americans’ homes is unconstitutional, voting unanimously on the side of a Rhode Island man whose firearms were taken by law enforcement without a warrant after his wife expressed concerns that he might hurt himself.

    According to Caniglia v Strom, a lower court had previously determined that police confiscating the guns without a warrant fell under the Fourth Amendment’s “community caretaking” exception, but a 9-0 vote from the nation’s top court struck down that ruling.

    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.”

    "Neighbor, how long has it been since you’ve had a big, thick, steaming bowl of Wolf Brand Chili?”

  • #2
    9-0 isn't something you see every day

    I'm always still in trouble again

    "You're by far the worst poster on TWeb" and "TWeb's biggest liar" --starlight (the guy who says Stalin was a right-winger)
    "Of course, human life begins at fertilization that’s not the argument." --Tassman

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    • #3
      Civil asset forfeiture should get a similar treatment...

      Comment


      • #4
        Loyal opposition here. The Court made the right decision. The pathetic part is that anyone, especially a lower court, ever thought that this should even be a thing.
        "He is no fool who gives what he cannot keep to gain that which he cannot lose." - Jim Elliot

        "Forgiveness is the way of love." Gary Chapman

        My Personal Blog

        My Novella blog (Current Novella Begins on 7/25/14)

        Quill Sword

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        • #5
          Originally posted by rogue06 View Post
          9-0 isn't something you see every day
          It's not all that uncommon honestly. Last term, 36% of opinions were unanimous in judgment.

          Cases that are decided unanimously tend not to get much attention because if something got every justice onboard, it probably wasn't something considered controversial enough that the press gave it any attention beforehand. One exception is the faithless elector case from last term that got a good amount of attention, but was decided unanimously in judgment.

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          • #6
            Originally posted by Terraceth View Post

            It's not all that uncommon honestly. Last term, 36% of opinions were unanimous in judgment.

            Cases that are decided unanimously tend not to get much attention because if something got every justice onboard, it probably wasn't something considered controversial enough that the press gave it any attention beforehand. One exception is the faithless elector case from last term that got a good amount of attention, but was decided unanimously in judgment.
            It should be surprising in that a case that gets this divided of a court to all agree was probably something that should never have been a law.

            I'm always still in trouble again

            "You're by far the worst poster on TWeb" and "TWeb's biggest liar" --starlight (the guy who says Stalin was a right-winger)
            "Of course, human life begins at fertilization that’s not the argument." --Tassman

            Comment


            • #7
              Originally posted by Cow Poke View Post
              Supreme Court rules warrantless home gun confiscation is unconstitutional in 9-0 vote

              The Supreme Court ruled Monday that warrantless gun confiscation from Americans’ homes is unconstitutional, voting unanimously on the side of a Rhode Island man whose firearms were taken by law enforcement without a warrant after his wife expressed concerns that he might hurt himself.

              According to Caniglia v Strom, a lower court had previously determined that police confiscating the guns without a warrant fell under the Fourth Amendment’s “community caretaking” exception, but a 9-0 vote from the nation’s top court struck down that ruling.

              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.”
              Oops, I didn't see this - can someone remove my thread: https://theologyweb.com/campus/forum...dom-and-rights
              Atheism is the cult of death, the death of hope. The universe is doomed, you are doomed, the only thing that remains is to await your execution...

              https://www.youtube.com/watch?v=Jbnueb2OI4o&t=3s

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              • #8
                Originally posted by Teallaura View Post
                Loyal opposition here. The Court made the right decision. The pathetic part is that anyone, especially a lower court, ever thought that this should even be a thing.
                I wonder how this will bear on red flag laws in general....
                Atheism is the cult of death, the death of hope. The universe is doomed, you are doomed, the only thing that remains is to await your execution...

                https://www.youtube.com/watch?v=Jbnueb2OI4o&t=3s

                Comment


                • #9
                  Originally posted by seer View Post

                  Oops, I didn't see this - can someone remove my thread: https://theologyweb.com/campus/forum...dom-and-rights
                  done
                  "Neighbor, how long has it been since you’ve had a big, thick, steaming bowl of Wolf Brand Chili?”

                  Comment


                  • #10
                    Originally posted by Cow Poke View Post
                    Supreme Court rules warrantless home gun confiscation is unconstitutional in 9-0 vote

                    The Supreme Court ruled Monday that warrantless gun confiscation from Americans’ homes is unconstitutional, voting unanimously on the side of a Rhode Island man whose firearms were taken by law enforcement without a warrant after his wife expressed concerns that he might hurt himself.

                    According to Caniglia v Strom, a lower court had previously determined that police confiscating the guns without a warrant fell under the Fourth Amendment’s “community caretaking” exception, but a 9-0 vote from the nation’s top court struck down that ruling.

                    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.”
                    Aren't the guns joint property of the wife, though? If so, she has the right to "give away" the guns to the police if she wants to, right?


                    eta: Ah, apparently she didn't give consent because:

                    While Mr. Caniglia was on his way to the hospital, his wife told the police that he had two pistols in the home, at which point the officers searched the home without a warrant; however, Mrs. Caniglia couldn’t provide legal consent because the police lied, telling her that Mr. Caniglia had consented to the seizure of his firearms.
                    Last edited by Sparko; 05-18-2021, 09:36 AM.

                    Comment


                    • #11
                      Originally posted by seer View Post

                      I wonder how this will bear on red flag laws in general....
                      It's a good sign.
                      "He is no fool who gives what he cannot keep to gain that which he cannot lose." - Jim Elliot

                      "Forgiveness is the way of love." Gary Chapman

                      My Personal Blog

                      My Novella blog (Current Novella Begins on 7/25/14)

                      Quill Sword

                      Comment


                      • #12
                        Originally posted by Sparko View Post

                        Aren't the guns joint property of the wife, though? If so, she has the right to "give away" the guns to the police if she wants to, right?


                        eta: Ah, apparently she didn't give consent because:

                        While Mr. Caniglia was on his way to the hospital, his wife told the police that he had two pistols in the home, at which point the officers searched the home without a warrant; however, Mrs. Caniglia couldn’t provide legal consent because the police lied, telling her that Mr. Caniglia had consented to the seizure of his firearms.
                        Remember G Gordon Liddy? As a convicted felon, he wasn't allowed to own a firearm -- so his wife owned a whole arsenal.
                        "Neighbor, how long has it been since you’ve had a big, thick, steaming bowl of Wolf Brand Chili?”

                        Comment


                        • #13
                          Originally posted by Cow Poke View Post

                          Remember G Gordon Liddy? As a convicted felon, he wasn't allowed to own a firearm -- so his wife owned a whole arsenal.
                          Sounds like true love

                          I'm always still in trouble again

                          "You're by far the worst poster on TWeb" and "TWeb's biggest liar" --starlight (the guy who says Stalin was a right-winger)
                          "Of course, human life begins at fertilization that’s not the argument." --Tassman

                          Comment


                          • #14
                            Originally posted by rogue06 View Post
                            Sounds like true love
                            yep...

                            62793664-beautiful-cowgirl-with-her-gun.jpg
                            Atheism is the cult of death, the death of hope. The universe is doomed, you are doomed, the only thing that remains is to await your execution...

                            https://www.youtube.com/watch?v=Jbnueb2OI4o&t=3s

                            Comment


                            • #15
                              Originally posted by seer View Post
                              Always makes me nervous when anybody handles a weapon with their hand anywhere near the discharge port.
                              "Neighbor, how long has it been since you’ve had a big, thick, steaming bowl of Wolf Brand Chili?”

                              Comment

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