A crack in the wall?


SCOTUS decided a gun-related case today!

Caniglia v. Strom struck down a sort of "red flag" style confiscation. Guy had a heated fight with his wife, who temporarily left and called for a "welfare check" on him. Guy agreed to go get evaluated so long as cops didn't take his guns away. After he went for evaluation, the cops took all his guns anyway.

9-0, SCOTUS vacated the lower court decision and remanded.

Of note, they rejected seizing guns from a HOME as part of the "community caretaking" function of the police. Normally this "exception" to the Fourth Amendment applies when cops say, seize/impound a vehicle and then search/seize unsecured firearms in said vehicle. Clearly, this was not the case with respect to a person's home.


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