SCOTUS 3/24 Caniglia v. Strom 2nd and 4th amendment related

9,703 Views | 76 Replies | Last: 3 yr ago by HTownAg98
TChaney
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Forbes article headline

Biden Administration Urges Supreme Court To Let Cops Enter Homes And Seize Guns Without A Warrant

Link to the article
https://www.forbes.com/sites/nicksibilla/2021/03/23/biden-administration-urges-supreme-court-to-let-cops-enter-homes-and-seize-guns-without-a-warrant

Quick infographic on the case.

link
https://subscriptlaw.com/caniglia-v-strom/



And my opinion?
This should be shot down as unconstitutional in half a heartbeat.
nortex97
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Outlandish.
UTExan
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Yep. Any judgment should require search warrant absent other settled case law conditions.
“If you’re going to have crime it should at least be organized crime”
-Havelock Vetinari
TChaney
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Caniglia v. Strom Oral Argument

Will Air:
Mar 24, 2021 | 10:00am EDT | C-SPAN.org
TRADUCTOR
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'Wife' seems to be the problem here.
Clob94
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"No ticky, no laundry"--- Jack Nicholson, The Departed.
AgResearch
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The wife angle will be the final determining factor in this case.
Ragoo
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Does wife have POA? If no, her opinion is just that.
lb3
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I predict 8-1 with Roberts dissenting.
Fightin TX Aggie
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This has the potential to divide the court. Historically, the liberal justices were protective of citizens against police. Now, this posture is changing.

Gun grabbing is liberal catnip.
fixer
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Clob94 said:

"No ticky, no laundry"--- Jack Nicholson, The Departed.


One of the 100+ memorable lines.
Not a Bot
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Quote:


After refusing and insisting that his mental health wasn't their business, Edward agreed only after police (falsely) promised they wouldn't seize his guns while he was gone.

Compounding the dishonesty, police then told Kim that Edward had consented to the confiscation. Believing the seizures were approved by her husband, Kim led the officers to the two handguns the couple owned, which were promptly seized. Even though Edward was immediately discharged from the hospital, police only returned the firearms after he filed a civil rights lawsuit against them.

Critically, when police seized the guns, they didn't claim it was an emergency or to prevent imminent danger. Instead, the officers argued their actions were a form of "community caretaking," a narrow exception to the Fourth Amendment's warrant requirement.

Not even a "red flag" situation. Just a warrantless, baseless seizure of property based on dishonesty.

The refusal to return the guns on his discharge until suit was filed is just another case of civil asset forfeiture protocol followed by a lot of police departments. Did you know police have the right to just take your stuff if they "think" it could be involved in a crime? They do. If you legally win $4,000 at the casino and are driving home to deposit in the bank, a cop can pull you over, seize the money and say they thought it was from dealing drugs even if they don't arrest you or ever charge you with a crime. You have to sue to get it back and pay your own court costs. It's legalized theft. If they steal less than $2,000 or so from you it's not even worth going to court over because your costs of getting the property back will be greater than what your property is worth.

bmks270
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This just reads like a case of sleazy cops.

Remember, cops can lie to you, and will lie to you, in order to get you to do what they want. Never ever consent to search without a warrant or talk to them without a lawyer.
BrazosDog02
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Regardless of the outcome, all you cutesy folks who lost your guns in boating accidents may want to roll out to the lake and figure out how to retrieve them and also maybe keep them loaded with a stockpile of ammunition.

Time is growing short.
bmks270
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After reading the article you might think maybe the cops were intending to be safe than sorry by seizing the guns, EXCEPT the part where they did not return the firearms after the "emergency" had passed.

Wyoming Aggie
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bmks270 said:

This just reads like a case of sleazy cops.

Remember, cops can lie to you, and will lie to you, in order to get you to do what they want. Never ever consent to search without a warrant or talk to them without a lawyer.

Couldn't be stated enough. N-E-V-E-R talk to cops. Even if you have nothing to hide, NEVER talk to cops. They will say anything, even if it's false, to get what they want.

I recommend that everyone listen to the podcast "Wrongful Conviction". It'll blow your mind at the crap cops will pull.
ThunderCougarFalconBird
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lb3 said:

I predict 8-1 with Roberts dissenting.
5-4 with Roberts concurring but showing he's slipping to the left. Kavenaugh in the SCOTUS strike zone now.
bmks270
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I'll share this story because maybe someone else can learn from it. This is something I rarely share.

When I was 17 cops searched my family's apartment with a warrant. They had a warrant because they were investigating a close friend of mine and they identified my apartment as a known address since he was over so much and would stay with us a lot since he had a really dysfunctional and abusive family. Apparently he was also under some surveillance. They served the warrant unnecessarily with like a paramilitary swat team and they took a number of things they knew were not related to their warrant, and we could never get it back. Items included a watch and some silver coins. Things my parents could prove they purchased but cops claimed might be stolen property. We tried to recover it and they make it extremely difficult or can't find things or the person who has the keys to the locker to retrieve it isn't there that day, just constant BS run around, even if you show up in person, because I did. This was over two years after the warrant was served and the case finally got through the system so our stuff could be released back to us but in the end we were never able to get it back and just gave up.

I also had the pleasure of being "interviewed" by the detective at 17, and this actually ended with me in tears and was a horrible decision to agree to without a lawyer. I have a hard time forgiving my parents for agreeing to this, and with no lawyer present. The interrogator (because that's what it felt like) told me lies in order to try and manipulate me and falsely implicate me in a conspiracy. This was somewhat traumatic and emotional and left me crying by the time it was over.

The outcome was that of course there was no evidence to implicate me, the star witness of the case cleared my name, my former friend served two years in prison, and I learned the hard way that police are not your friends and they will lie to you and will try and manipulate you. Also be careful who you associate with.

I generally support the work that police do, and believe the majority of police and detectives are trying to honestly solve crimes and separate the innocent from the guilty, but don't forget, if they are investigating something, they aren't your friends. Cops have no problem lying to you. And a percentage of them are unethical.
bmks270
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agracer
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So we can't trust police in domestic abuse situations, need to defund them in favor of therapist, but we trust them in matters of bypassing our constitutional rights with no due process?
TexAgs91
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Hold on. Didn't Biden take the oath of office? Didn't he swear that he would uphold the Constitution?
"Freedom is never more than one election away from extinction"
Fight! Fight! Fight!
Sniffing Accountant
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bmks270 said:






This is an essential video for people to watch. I try to watch it at least once annually. He's also got a great book too
TChaney
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Been on for about an hour - audio only - can listen from the beginning


https://www.c-span.org/video/?508646-1/caniglia-v-strom-oral-argument&live&vod
BMX Bandit
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key issue is the "community caretaking" exception to 4th Amendment.

roberts was pointing out how anything can be considered that, and asked the State "couldn't saving a cat from a tree in the backyard be considered 'community caretaking' under your argument?"

State surprisingly said "yes"

thanks for making robert's point


alito now trying to rehab the State's screwup and come up with a narrow rule on when its okay to enter without warrant under community caretaking exception
BMX Bandit
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sotomayor hit State hard with "even if it was objectionably reasonable to enter the house, why did they seize the guns? what was the basis for that?

State fumbled with no answer.
Justin2010
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BMX Bandit said:

sotomayor hit State hard with "even if it was objectionably reasonable to enter the house, why did they seize the guns? what was the basis for that?

State fumbled with no answer.
I'd also ask if the state confiscated any knives or prescription drugs they may have found. Why or why not?
BMX Bandit
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she did. you are a wise latina
Slicer97
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Those cops should be prosecuted for B&E plus theft.
Malachi Constant
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The part where the police officer talks is also great. He reveals some tricks they use to get confessions. "Think of how much more lenient the judge is going to be if you wrote a letter to the victims to apologize!"

Congratulations, that's a written confession of guilt.
Dan Scott
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This case makes appears to make it impossible from taking a gun away from somebody that is perceived as a threat. After a mass shooting people always say there were signs, his family said he was crazy, etc.

In reality, you can't just take something away from somebody unless clinically diagnosed as crazy I guess.
Slicer97
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Dan Scott said:

This case makes appears to make it impossible from taking a gun away from somebody that is perceived as a threat. After a mass shooting people always say there were signs, his family said he was crazy, etc.

In reality, you can't just take something away from somebody unless clinically diagnosed as crazy I guess.
And that's as it should be.
ABATTBQ11
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Dan Scott said:

This case makes appears to make it impossible from taking a gun away from somebody that is perceived as a threat. After a mass shooting people always say there were signs, his family said he was crazy, etc.

In reality, you can't just take something away from somebody unless clinically diagnosed as crazy I guess.



It's a classic classification problem: Does a person present a clear and present danger to themselves or others?

There are 2 classifications, 2 true conditions, and 4 outcomes:

Yes, and the classification is correct
Yes, and the classification is incorrect
No, and the classification is correct
No, and the classification is incorrect


I could put this into a concussion matrix (actual term), but I'm on mobile and not going through that, so here are the consequences of each outcome:


So let's say there's, "signs," which there usually are, and you take someone's guns because you predict, "yes.". If you are correct, you've likely saved lives. If you are incorrect, you have violated someone's rights.

Let's say there's, "signs," and you predict, "no." If you are correct, nothing happens. If you are incorrect, somebody probably dies.

Now, it's easy to predict every single case of a true positive, or, "Yes this person is a clear and present danger," by simply picking yes every time time. You will get a 100% recall rate, but at the expense of high Type 1 error (false positives). This is the liberal desired course of action.

You can do the inverse and prevent all false positives while identifying all true negatives by defaulting to, "No," every time. If your goal is to never target an individual who is not a clear and present danger, to will never miss here. The problem is you will have plenty of Type 2 errors (false negatives) who go on to kill people. This is, I think, the generally conservative course of action.


The disagreement comes down to what your intended purpose is: Are you more concerned with safety from people suspected of being dangerous, or are you more concerned with individual rights? Both are valid concerns. You don't want to arrest someone or confiscate property unless they've committed a crime, but at the same time you want to prevent crime because it generally cannot be uncommitted against its victims. The optimal strategy to balance these interests is really to fall somewhere in the middle.


This would be easier if we knew when all of these actions were right or not, but we don't. Proper prevention is indistinguishable from a lack of risk: You can't tell the difference between a prevented event and an event that was never going to happen, because neither by definition would. By that same token, who is to say that someone you pass on today as being harmless doesn't go on a killing spree in 6 months or 20 years? We don't know the true positive and negative rates or the false positive rate, we really only know the false negative. There's an asymmetry here because ALL true negatives are by definition non-events, while SOME true positives end up also being non-events due to prevention. With that in mind, it is no wonder why many would want to address the false negative rate when it is all they have to go on.
AggieKatie2
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Pisses me off...can't (can) belive the Biden administration supports the expansion of police powers and trampling of our rights.
AggieGunslinger
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Well no ****, if you can't see how letting any ol bureaucrat decide the definition of "crazy" is a problem then I am not sure you have been keeping up with the plans laid out by the left.
fixer
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Community caretaking my ass...

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