Home Forums Hunting & Shooting Hunter's Campfire Warrantless Search Struck Down, 9-0

SCOTUS today struck down the warrantless search of a home and seizure of firearms.

Caniglia had a dispute with his wife, who spent the night elsewhere. Next day, she asked the police to do a welfare check on him, which they did. They subsequently entered his home and seized his firearms, on the basis that he might be a danger to himself or others, though as far as I know, that was just based on supposition.

First Circuit upheld the search and seizure under the "community care taking exclusion".

SCOTUS pretty much nuked that argument, and gave a firm 9-0 spanking to the First Circuit.

GOOD!!!!

That should be the death of "Red Flag" laws.

I wonder what effect if any this would have on red flag laws?

Wouldn't the SCOUTS decision be the precedent for future challenges?

Good.

There ought to be a consequence for justices on the circuit level voting to uphold something that the high court overturns unanimously when no new evidence is introduced. Obvious sign of political partisanship and/or inability to interpret law.

Wow Elana Kagan and Soda Mayo too

Just a guess, GRIZZ but one would think that there would have to be some history of past bad behavior to apply the Red Flag laws or a specific, documented threat of sorts to use them.

I’m surprised at 9-0.

This is great news. Praise God.

Yep,

but pretty much what the Constitution says about searches.

System seems to have worked...................................for this particular case at least.

That is great news!

Won’t have any effect on Red Flag laws as that they are an entirely different thing.

Ramblings on Red Flag laws....

Just for the record, I pulled the data on Indiana suicide rates, before vs. after their red flag law. Zero detectable effect. Nada. Zip.

I'm not sure of the effect if this ruling on Red Flag laws. You can't enter someone's home and seize weapons under the "general caretaking" doctrine. I don't know if that applies to a case where the legislature has specifically said that you can. But I suspect that this ruling may lay an ax to the root of the whole Red Flag scam.

The Red Flag affidavits and the subsequent order are the equivalent of a warrant. This merely strikes down the ability of a cop to say, “Hey, there is a gun. I’d better seize it...for you know, public safety.”

If Biden gets his way, the court vote would be closer to 9-6.

This holds some promise about Red Flag laws, but Red Flag laws have at least a faint semblance of due process in that a judge is involved. In this case the police took it upon themselves to act without even having judge rubber stamp an order.

They'll just get a warrant.

that requires a fairly significant reason..

I wonder how this applies to that couple in Alaska raided looking for Pelosi's computer.

Was that a warrantless search?

Is a warrant based on an incorrect identification still a valid warrant? Void vs. voidable?