The Supreme Court ruled unanimously in favor of the citizen, Edward Caniglia. He had two guns removed from his home by police without a warrant. The court ignored the Biden administration’s recommendations to the contrary.
In March, the government had urged the Supreme Court to uphold a lower court’s ruling upholding the police seizure of Caniglia’s guns, according to American Military News on May 17.
Case documents reveal that in an argument with his wife, the plaintiff placed an unloaded gun on the dining room table and asked his wife to “shoot [him] and get it over with.”
She left the house located in Rhode Island. She returned with the police, who urged Caniglia to go to a psychiatric consultation, to which he agreed “on the condition that the officers would not confiscate the firearms from him.”
However, the officers took them, and Caniglia sued, arguing that they had violated his constitutional Fourth Amendment right by failing to produce a warrant.
The Fourth Amendment states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized,” according to the Constitution Center.
For his part, Justice Clarence Thomas wrote the opinion for the Supreme Court, noting that law enforcement can perform “many civic tasks in modern society.” Still, there is “not an open-ended license to perform them anywhere.”
He added: “The very core of the Fourth Amendment,” Thomas wrote, is the “right of a man to retreat into his own home and there be free from unreasonable search and seizure,” according to American Military News.
In this context, the American Civil Liberties Union [ACLU] believes that with its verdict, the Supreme Court prevents police from indiscriminately entering citizens’ homes and confiscating their guns, according to one of its tweets.
“In some good news, the Supreme Court rejected the government’s scarily broad “community caretaking” argument in [the case] Caniglia v. Strom.”
It added: “If the government had won, then law enforcement would have had free rein to break into a person’s home with no warrant and no probable cause.”
In some good news, the Supreme Court rejected the government’s scarily broad “community caretaking” argument in Caniglia v. Strom.
If the government had won, then law enforcement would have had free rein to break into a person’s home with no warrant and no probable cause.
— ACLU (@ACLU) May 17, 2021
Democrats have insisted on suppressing Americans’ right to own firearms, so they frequently enact so-called “red flag” laws limiting gun ownership.
However, some states with Republican-majority governments refuse to comply with the provisions of the president, Joe Biden, and enact state laws guaranteeing their residents their Second Amendment right to “the right of the people to keep and bear arms.”
Arizona’s Republican Governor Doug Ducey signed a bill into law that would not require constituents to comply with new national gun laws.
“This state and all political subdivisions of this state are prohibited from using any personnel or financial resources to enforce, administer or cooperate with any Act, law, treaty, order, rule or regulation of the U.S. Government that violates Amendment II of the Constitution of the United States,” the Arizona law states.