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Thread: SCOTUS Accepts Case Dealing With Warrantless Gun Seizures

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    SCOTUS Accepts Case Dealing With Warrantless Gun Seizures

    https://bearingarms.com/cam-e/2020/1...-gun-seizures/

    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. More at link
    You are wrong about police.

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    BenjaminO's Avatar Senior Member
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    His involvement of firearms with an argument with his wife was, well, just plain stupid.
    Red Green
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    I guess


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    Quote Originally Posted by BenjaminO View Post
    His involvement of firearms with an argument with his wife was, well, just plain stupid.
    Which has nothing whatsoever to do with what is presented before the court.
    You are wrong about police.

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    It is disgusting that the case even had to go to the appeals court. First the police never should have seized the guns. Second, after the doc said he was fine, the police should have given the guns back. Third, the trial court should have ruled for the plaintiff.
    ΜOΛΩΝ ΛΑΒΕ


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