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REPORT: Biden Admin Presses SCOTUS To Let Police Enter Homes Without A Warrant And Seize Firearms

Joe Biden is on the move again

Biden’s administration pressed the US Supreme Court to “uphold a warrantless gun confiscation this week when the SCOTUS heard arguments in Caniglia v. Strom.

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The whole thing happened in 2015. Edward Caniglia, 68, got into a heated argument with his spouse, Kim, and the police seized his firearms. After the fight, Kim went to a hotel and called the police. She said that her husband might shoot or hurt himself in any possible way. Just for the record, Edward didn’t have a criminal record or a history of suicide or self-harm.

Forbes reports:

Still, police were convinced that Edward could hurt himself and insisted he head to a local hospital for a psychiatric evaluation. After refusing and insisting that his mental health wasn’t their business, Edward agreed only after police (falsely) promised they wouldn’t seize his guns while he was gone.

Compounding the dishonesty, police then told Kim that Edward had consented to the confiscation. Believing the seizures were approved by her husband, Kim led the officers to the two handguns the couple owned, which were promptly seized. Even though Edward was immediately discharged from the hospital, police only returned the firearms after he filed a civil rights lawsuit against them.

Police officers didn’t claim their actions were related to an emergency or to prevent a dangerous situation. They said these actions were actually “community caretaking.”

Forbes revealed that the Biden administration urged the SCOTUS to work with the police, adding “the ultimate touchstone of the Fourth Amendment is ‘reasonableness,’” and that officials warrants aren’t supposed to be “presumptively required when a government official’s action is objectively grounded in a non-investigatory public interest, such as health or safety.”

Justice Sonia Sotomayor took issue with the whole situation, adding that, “there was no immediate danger to the person threatening suicide and no immediate danger to the wife because the suicide person [sic] was removed to a hospital.”

Sotomayor doesn’t have an issue with the person undergoing a psychiatric evaluation and said the issue was police officers “going into the home without attempt to secure consent from the wife and seizing the gun and then keeping it indefinitely until a lawsuit is filed.”

“The wife tried to get it back. He tried to get it back. Weeks and weeks went by,” Sotomayor noted. “When we permit police to search and seize without some standard, we run the risk of situations like this one repeating themselves.”

Forbes separately reported:

This risk featured prominently in the amicus briefs filed by gun-rights advocates. “Expansion of the ‘community caretaking’ exception into the home will be used by police in jurisdictions with onerous or constitutionally-questionable firearm restrictions to turn every call to a house into a search for guns under the pretext of ‘helping’ those present,” warned a joint amicus brief filed by the Second Amendment Law Center, the California Rifle and Pistol Association, and Gun Owners of California. Simply put, “the Fourth Amendment has no ‘gun’ exception.”

Although Caniglia v. Strom centers around seizing guns from someone suspected of being suicidal, its reach will be much, much broader. Should the Supreme Court adopt the Biden Administration’s argument that “the Fourth Amendment permits a warrantless seizure or home entry that is reasonably necessary to protect health or safety,” such public health and safety concerns could “become a pretext for law enforcement,” argued Shay Dvoretzky, who argued for Caniglia before the High Court.

Justice Neil Gorsuch criticized the idea that government officials could get “administrative” warrants as an alternative. He asked, “If the government can just get an administrative warrant to come in to test for illness, to check the temperature of the house, whether it’s too hot, too cold … what’s left of the Fourth Amendment?”

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Source: The Daily Wire

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