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Nemo · Nov 25, 2020

In CANIGLIA V STROM.

Nemo

https://www.scotusblog.com/case-files/cases/caniglia-v-strom/

https://www.tacticalshit.com/scotus-accepts-case-dealing-with-warrantless-gun-seizures

SCOTUS Accepts Case Dealing With Warrantless Gun Seizures
Posted on November 24, 2020 by Thomas K

It’s not a case that specifically deals with the right to keep and bear arms, but the Supreme Court has agreed to hear a challenge to the seizure of a Rhode Island man’s lawfully owned firearms by police back in 2015. The case, known as Caniglia v. Strom, could serve as a vehicle for the Court to expound on the right to keep and bear arms, though the main question that the justices will have to answer instead revolves around our Fourth Amendment right to be secure in our persons and property against unreasonable searches and seizures.

The facts of the case involve the warrantless seizure of several firearms from the home of Edward Caniglia after an argument with his wife. During the argument, Caniglia dramatically placed an unloaded pistol on a table in front of his wife and proclaimed, “Why don’t you just shoot me and get me out of my misery.”

Instead of taking Caniglia up on his obvious attempt at melodrama, Caniglia’s wife left the house. When Edward didn’t answer a phone call from her the next day, however, she asked police to perform a wellness check on her husband.

They found that Caniglia was just fine, and he explained to police what had happened. Even though the officers said he “seemed normal,” they still told him they were going to take him to the local hospital to get evaluated. The police specifically told Caniglia that they would not take his two handguns if he voluntarily went with them, so he did. He was checked out, pronounced no danger to himself or others, billed $1,000 for the privilege of being told what he already knew, and was sent home, only to discover that police had in fact taken the two guns from the home. Not only that, they did so without a warrant.

Edward Caniglia’s been trying to get his guns back from the Cranston, Rhode Island police department ever since. Tomorrow, the justices will consider the arguments of Caniglia’s attorneys and the defense attorneys for the Cranston police department. The defendants maintain that an exception to the Fourth Amendment’s protections against unreasonable searches and seizures applies in the search of Caniglia’s home, though even the First Circuit Court of Appeals realized it was treading in uncharted waters when they agreed with the defense.

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UtiPossidetis · Nov 25, 2020

It's viewed as a 4th Amendment case, but it goes to the heart of the so-called Red Flag "laws". I would not expect, with Roberts still in charge, to see 2A issues raised directly.

jrm · Nov 25, 2020

UtiPossidetis said: ↑

I would not expect, with Roberts still in charge, to see 2A issues raised directly.[/QUOTE
Roberts is CJ, but he is just 1 vote. It takes 4 votes to grant cert, and 5 votes to make law. They used to need Roberts' 5th vote, so the 4 who might have granted cert (Alito, Thomas, Kavanaugh, and Gorsuch) didn't bother. With Barrett as a potential 5th vote to make law, Roberts' vote is no longer needed. And he can't stop it just because he's CJ.
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