Could The Supreme Courts' 9-0 Decisions in Caniglia v. Strom Kneecap Red Flag Laws? - Granite Grok

Could The Supreme Courts’ 9-0 Decisions in Caniglia v. Strom Kneecap Red Flag Laws?

US Supreme Court

After performing a wellness check on an individual local PD convinced the man to go to a hospital for a mental health examination. He accepted on the condition they did not confiscate his firearms. After he left, they took them anyway.

Neither Mr. Caniglia nor his wife consented to the taking, so off to court they went, all the way to the US Supreme Court, where 9-0, the Justices made one thing clear. That “The question today is whether Cady‘s acknowledgment of these “caretaking” duties creates a standalone doctrine that justifies warrantless searches and seizures in the home. It does not.”

Cady v. Dombrowski affirmed a warrantless search of a motor vehicle as a necessary caretaking function (which involved a firearm). The argument follows that if that was okay this should be equally permissible under similar circumstances in a home.

In a rare unanimous decision, all nine Justices said, no, it does not, and the internet has been wondering if that means Red Flag laws might be unconstitutional.

Could this put a stop to their introduction and use?

First, it is unconscionable that the State would give your neighbor or any random stranger the power to deny you both your right to person and property via an anonymous phone call. But states have passed Red Flag Laws. Democrats in New Hampshire puh them nearly every session.

Local PD, even here, tend to support them because they are not shy about entering and confiscating your property (in the name of public safety) whether they need a judge to issue a protective order or not.

No interview, no actual evidence, the potential for violent conflict between owners and takers, and once taken (meaning your stuff), the onus is entirely on you to prove your innocence before you can get your stuff back if you can.

Guilty until proven innocent, denied privacy and property.

Red Flag laws, these so-called protection orders, are bad business for the Constitutional Republic.

Sadly, Caniglia v. Strom does not say much about that.

 

The court’s unanimous decision rejected the First Circuit’s broad interpretation of the “caretaker exception,” holding that “neither the holding nor the logic” justified the police’s warrantless search and seizure, the associate justice wrote.

The Supreme Court maintained that police officers “perform many civic tasks in modern society,” but mere acknowledgment of these tasks does not grant “an open-ended license to perform them anywhere.”

 

Let’s not forget that Whoever is Running the Biden Administration (WRBA) wanted that caretaking exception to include the home so while this may not kneecap red flag laws the way we’d like it sends a message to the Dems running roughshod over America. Oh, and to these states (Iowa, Louisiana, Minnesota, Montana, Oklahoma, South Carolina, South Dakota, Texas, And Utah.) that along with WRBA ended up on the wrong side of this decision in a big way.

 

Western Journal | Reason.com

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