{"id":519126,"date":"2021-05-17T19:20:49","date_gmt":"2021-05-17T23:20:49","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=519126"},"modified":"2021-05-17T19:20:52","modified_gmt":"2021-05-17T23:20:52","slug":"supreme-court-unanimously-agrees-police-illegally-seized-a-mans-firearms-in-violation-of-the-4th-amendment","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/supreme-court-unanimously-agrees-police-illegally-seized-a-mans-firearms-in-violation-of-the-4th-amendment\/","title":{"rendered":"Supreme Court Unanimously Agrees: Police Illegally Seized A Man\u2019s Firearms In Violation Of The 4th Amendment"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">32<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fsupreme-court-unanimously-agrees-police-illegally-seized-a-mans-firearms-in-violation-of-the-4th-amendment%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=519126&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><div><img decoding=\"async\" src=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2021\/05\/GettyImages-594190689-2-1200x800-1.jpg\" class=\"ff-og-image-inserted\"  style=\"display:none\"><\/div>\n<p>The Supreme Court on Monday ruled unanimously that police illegally seized a Rhode Island man\u2019s firearms in violation of his Fourth Amendment rights. The SCOTUS decision overturned a 1st Circuit Court ruling that said police officers in the case were well within their right to confiscate the man\u2019s firearms.<\/p>\n<p>Police responded to a domestic violence call in 2015, at which point Edward Caniglia\u2019s wife believed he was suicidal. He brought out a handgun, put it on the table, and instructed his wife to \u201cshoot [him] and get it over with.\u201d She ended up leaving for the night but had police conduct a welfare check after she failed to reach him, court documents explain.<\/p>\n<p>When police arrived, Caniglia was sitting on the porch. He agreed to undergo a psychiatric evaluation under the condition that his firearms would not be seized. He was taken to a nearby hospital for evaluation, at which point police entered his home and confiscated two of his firearms. Caniglia\u2019s firearms were confiscated without a warrant because he was deemed a threat to himself and others, police said.<\/p>\n<p>Caniglia sued saying his Fourth Amendment rights were violated. Both the federal court and the 1st Circuit Court of Appeals stated the police were well within their rights. They cited the \u201ccommunity caretaking exception,\u201d which was established in the <em>Cady v Dombrowski\u00a0<\/em>case. In that case, \u201can 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 \u2018community caretaking functions\u2019 in a \u2018reasonable\u2019 manner,\u201d <a href=\"https:\/\/time.com\/6048974\/supreme-court-police-warrants-caniglia-strom\/\">TIME<\/a> reported.<\/p>\n<p>According to the Supreme Court, the <em>Cady\u00a0<\/em>case is irrelevant to the <em>Caniglia<\/em> case and \u201cis not an open-ended license to perform [the community caretaking functions] anywhere, as Justice Clarence Thomas explained the Court\u2019s view in the <a href=\"https:\/\/www.supremecourt.gov\/opinions\/20pdf\/20-157_8mjp.pdf\">opinion<\/a>:<\/p>\n<blockquote readability=\"13\">\n<p><em>Neither the holding nor logic of Cady justifies such warrantless searches and seizures in the home. Cady held that a warrantless search of an impounded vehicle for an unsecured firearm did not violate the Fourth Amendment. In reaching this conclusion, the Court noted that the officers who patrol the \u201cpublic highways\u201d are often called to discharge noncriminal \u201ccommunity caretaking functions,\u201d such as responding to disabled vehicles or investigating accidents. But searches of vehicles and homes are constitutionally different, as the Cady opinion repeatedly stressed. The very core of the Fourth Amendment\u2019s guarantee is the right of a person to retreat into his or her home and \u201cthere be free from unreasonable governmental intrusion.\u201d\u00a0 A recognition of the existence of \u201ccommunity caretaking\u201d tasks, like rendering aid to motorists in disabled vehicles, is not an open-ended license to perform them anywhere.<\/em><\/p>\n<\/blockquote>\n<p>The American Civil Liberties Union (ALCU), the American Conservative Union (ACU), and the Cato Institute filed a <a href=\"https:\/\/www.supremecourt.gov\/DocketPDF\/20\/20-157\/166506\/20210115135632625_Caniglia%20Amicus%20FINAL.pdf\">joint amicus curiae brief<\/a> in the case, arguing against the\u00a0<em>Cady\u00a0<\/em>application in the case.<\/p>\n<p>\u201cThe Fourth Amendment does not permit such a freewheeling balancing inquiry when it comes to searches of homes,\u201d the joint brief explained. \u201c\u2026 Given the capacious array of activities that could be called \u201ccommunity caretaking,\u201d it is hardly surprising that courts have relied on it to uphold warrantless entries based on a wide variety of police actions.\u201d<\/p>\n<p>Other organizations that <a href=\"https:\/\/www.scotusblog.com\/case-files\/cases\/caniglia-v-strom\/\">filed<\/a> amicus curiae briefs include the Institute for Justice, National Association of Criminal Defense Lawyers, Firearms Police Coalition, American Association of Suicidology, The Rutherford Institute, Gun Owners of America, Second Amendment Foundation, Pacific Legal Foundation, and the Constitutional Accountability Center.<\/p>\n<p><i>The Daily Wire is one of America\u2019s fastest-growing conservative media companies and counter-cultural outlets for news, opinion, and entertainment. Get inside access to The Daily Wire by becoming a\u00a0<\/i><a href=\"https:\/\/www.dailywire.com\/subscribe\"><span class=\"s1\"><i>member<\/i><\/span><\/a><i>.<\/i><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The Supreme Court on Monday ruled unanimously that police illegally seized a Rhode Island man\u2019s firearms in violation of his Fourth Amendment rights. The SCOTUS decision overturned a 1st Circuit &#8230;<\/p>\n","protected":false},"author":1,"featured_media":2278373,"comment_status":"close","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2021\/05\/GettyImages-594190689-2-1200x800-1.jpg","fifu_image_alt":"Supreme Court Unanimously Agrees: Police Illegally Seized A Man\u2019s Firearms In Violation Of The 4th Amendment","footnotes":""},"categories":[],"tags":[],"class_list":["post-519126","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry"],"fifu_image_url":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2021\/05\/GettyImages-594190689-2-1200x800-1.jpg","fifu_image_alt":"Supreme Court Unanimously Agrees: Police Illegally Seized A Man\u2019s Firearms In Violation Of The 4th Amendment","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/519126","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=519126"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/519126\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2278373"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=519126"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=519126"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=519126"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}