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Biden Urges SCOTUS to Let Cops Seize Guns Without A Warrant
President Joe Biden is urging the Supreme Court to let law enforcement officers seize guns and other firearms from citizens, despite not having a warrant. This comes despite the fact that the Fourth Amendment protects citizens from “unreasonable searches and seizures.”
The Biden administration has released its first amicus brief to the Supreme Court. In the brief, it urged SCOTUS to uphold a ruling made by a lower court in Caniglia v. Strom. The said case had a dubious claim, indicating that a gun owner could pose as a danger to himself. This was used as the supposed grounds that let authorities take the gun owner’s firearms despite not having a warrant. Regarding this case, the lower court ruled that the action can be considered an exception to the Fourth Amendment’s warrant requirement.
According to a report by Forbes, SCOTUS heard oral arguments connected to the case on Wednesday.
In an earlier report by Forbes, the Biden administration’s brief claimed that warrants are not “presumptively required” if the authorities’ actions were made on the grounds that it is in a “non-investigatory interest,” which includes health and safety.
Additionally, the Justice Department’s brief mentioned that qualified immunity is enough to protect the police officers who seized the gun in the case.
Biden asks SCOTUS to Consider Ruling on a Case
Last summer, Democrats in Congress tried to stop qualified immunity for police officers. They argued that this measure would protect officers and agencies involved from having any liability. Now, however, the Biden administration thinks it’s okay for cases involving seizing weapons.
The case referenced dates back to 2015. As per the Forbes report, Edward and Kim Caniglia had a marital dispute. After the argument that lasted for an hour, Edward stormed to the bedroom and got an unloaded handgun. He then went to the kitchen and placed it on the table. Edward then asked Kim why she just wouldn’t shoot him to get him out of his misery.
The dispute went on until Edward Caniglia left to try and cool off by driving around. After he returned, the fights still continued. Kim then decided to leave and spend a night at a hotel. However, when she called home the next day, Edward did not answer.
Because of this, Kim called authorities for a wellness check. When they went to talk to Edward, they thought he looked normal and calm. The authorities also thought that Edward would never be capable of committing suicide.
Lapses in Law Enforcement Actions?
With this, a member of the group of officers said that when they interviewed Edward, they did not consult any criteria that are psychological or psychiatric in nature. Authorities also failed to ask about his history, particularly whether he had criminal records or background of violence and self-harm in connection to mental health issues.
Nevertheless, the authorities believed that the risk of suicide was there. They wanted Edward Caniglia to go to a psychological evaluation. Caniglia refused at first but decided to go with it when authorities say they won’t confiscate his weapon.
However, the authorities lied to Caniglia and his wife, claiming that he agreed to the seizures. This persuaded Kim to point officers to where they keep their two handguns.
When the authorities seized the weapons, they did not cite any emergency or any instance where preventing imminent danger was necessary. Instead, according to Nick Sibilla from Forbes, the law enforcement officers touted their action as some sort of “community caretaking,” which has become a narrow exception to the warrant requirement stipulated in the Fourth Amendment.
Expanding the Warrant Exemption
This exception first surfaced in a case filed back in 1973 in Wisconsin. In the 1973 case, officers responding to an accident involving drunk driving believed that the drunk driver had a police revolver. Authorities did not find such a weapon in the man’s car. Instead, they found some items that led to the drunk driver’s conviction for murder. With regards to this, SCOTUS eventually ruled that the case needed an exception that allowed authorities to search the car without having a warrant.
The exception citing community caretaking, however, helped in giving law enforcement some room to do the right thing.
However, the lawyers representing Caniglia said that extending this exception to homes can prove to become “anathema to the Fourth Amendment” as it would provide law enforcement a “blank” check that they can use for an excuse to intrude upon a person’s home.
Although, the Biden administration does not agree with this. It argued that the basis for the Fourth Amendment exception“is reasonableness. In the brief, it is said that a warrant should not be “presumptively required” if the officer’s course of action is “objectively grounded” in non-investigatory public interest. This included health and safety.
Making Excuses For Confiscations Without Warrant
Officers could’ve found out whether Caniglia presented an “imminent risk” to himself if they asked for a proper evaluation. Trained practitioners could have easily pinpointed whether or not he posed a threat of self-harm or harm to others.
The current administration filed their amicus brief last month, on Feb. 18. Just two weeks after this filing, the administration lauded Democrats in the House of Representatives for reintroducing and passing a reform bill that would remove qualified immunity for police officers.
Justices seemed to have mixed opinions regarding the Caniglia case during Wednesday’s hearing.
Given this, the hypocrisy of the Biden administration regarding “qualified immunity” is on full display. Despite this, liberals do not show any interest in legal principles.
The case that the Biden administration has cited is just a blatant attack on due process just to push for the “community caretaking rule.”
With this, it seems apart from controlling Americans and their guns via legislation, Biden would not mind if SCOTUS helped law enforcement to enforce this as well.
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40 Comments
The old SOB is trying his best to start a civil war 👎🏼
Time to impeach Biden! He will disregard the Constitution!
Let police confiscate guns without a warrant. Constitution be damned EH Dictator Biden. Police – Know the Democrats for what they are. First Defund the police. Second take away your protections to carry out your job. So the only question I need ask! Who will you follow? The dictators trying to destroy the country or the people who will stand and take them on if they continue on the path they are on. FBI and NSA have been infiltrated by traitors. Soros money is doing his dirty work and the Democrats have been paid with money and promises of power. America Prepare for the coming purge they intend to carry out.
What the hell!!! This needs to stop! We can not let these idiots take our freedom!
“BRAINS BIDEN” has finally lost it all together
If this exemption to steal legally owned firearms for “health and safety” is approved, it will pave the way for authorities to invade peoples’ homes without notice and force vaccines on them for the “health and safety of the community” as well as steal food or supplies from one family to dole out to other families of the authorities’ choice. It is a horribly totalitarian precedent to set.
John Walton Ypou are 100% RIGHT NO WARRANT NO GUN Who does Biden Think he is GOD THE man needs to Go before we Have a WAR on OUR Hands People in ALASKA will NOT GIVE UP THERE GUNS Everyone Carries them Everyday Get the Dems OUT NOW DICTATORS is an UNDERSTATEMENT
PRY THEM OUT OF My COLD DEAD HANDS!!THE BILLIONS OF OTHER PATRIOTS TOO!
War is coming folks and it looks almost like Biden wants it to happen?!? Will you cower or will you stand with the Constitution??
To just come in and do that to law abiding gun owners is extremely dangerous and will not be dealt with a feathers touch. You want trouble, go ahead and try that shit. You will have to kill first and then pry the gun out of a dead cold hand.
come take my ammunition, one bullet at a time!
Will NEVER take guns without a fight why would they want to? So they can rule us well guess what folks so far they still work for us and we have the right to fight tyranny!!! GET READY YA’LL
If Trump would have done half the crap Herr Biden is doing, the media would have roasted him worse than they did. Absolute disregard for the Constitution from this administration. Anyone voting democratic is a traitor to the country and the Constitution.
And you thought all those BLM protests were violent. Haha. Just wait until they try to do this. It will not end well. There are a lot of people who won’t take kindly to having their fourth amendment violated. Civil war will break out and at that point, nobody will be safe. So demented Joe thinks this is a great idea. Unfuckingbelievable.
There will be blood everywhere once the dust settles
Obiden is a sick twisted demented old fool. He is fixing to start a war right here in America. People are not going to just hand their guns over. If this happens and I really don’t see it happening innocent people are going to die. There will be some blood shed on this one.
don’t believe cops will do what Bonehead Biden wants. They took an oath to defend this nation against all enemies, foreign and DOMESTIC!! Those that do come to take our legal guns had better bring theirs!
This administration is grasping at whatever they think they can because they know they stoled an election. They may never have a chance to win another without there measure’s in place to try and steal another! They know that as they see that the republicans and independents have changed and no longer is buying what they “the progressives” are trying to shove down many Americans throats! I have a feeling that you will start to see many of them to start eating there own as the RATS that they are…!
Hey, you dumb Son-Of-Bitch……Challenge you…I’ll lay down ever dam gun I have on my front yard grass. You stand there, for as long as it takes, until one of them get up on THEIR OWN…….then go some where and shoot someone!!!!!!
You shit-for-brains you…….can you say MENTAL HEALTH????
Naaaah, you’re afraid of the truth aren’t you?
You. and ALL of your Democratic slugs…..
You’re as worthless as tits on a bore hog…..
I’m your age too….please call me out like that young construction worker you did!
I’ll beat your ass like a new base drum….shit, you can even invite both of your friends to see you get a good beating!
How much more are we going to take from biden and his administration before Patriots of America stand up for what is right? Dear Lord Jesus Christ save us all from the evil that has taken this country!
biden must be half or more off his meds to believe that all americans that owns guns for the protection of their families ad for hunting is going to let them take them without a fight Lord forbid i dont wnat to see a war against the law and us americans citizens sounds like he wants us all get killed by the ones that are theiefs and murders guess we will have to do as the indians did make and use bows and arrows
Well it will be hard to take what you can’t find! And good luck on making it back off my property! You dumbs—- democrat aren’t stupid enough to take our guns without a war and blood shed
Try it you fn pervert. What a screwed up administration. Appoints a transgender to one of the higher offices. Also a cross dresser to another office. People of his kind running this country down. He is abusing his presidential powers. Start doing things to Biden as they did to President Trump. There are like 300 million or more gun owners. We all need to file a law suit against that son of a bitch.
Doesnt biden know he will be the first one we go after and good luck at finding the person who does it.
Nancy ?.. yes Mr. President ?…. do you own any guns ?… yes Mr. President I have several !! … oh goody well you can keep yours and I’m gonna keep mine but these other people ….. I just don’t see a reason for people to have them anymore we have to become like Australia … I agree Mr. President by the way where do you keep your guns ….. give me a moment Nancy I really can’t remember ….
you have got to be kidding damn dems gonna start taking away our rights wtf are they thinking .time for real americans to start impeachment of these idiots
A previous commenter wrote: don’t believe cops will do what Bonehead Biden wants. They took an oath to defend this nation against all enemies, foreign and DOMESTIC!!
Unfortunately, all the people in charge of the disaster that we call ‘government’ have taken that oath and a great many of them ignore it.
Like Chris Wray, who is like James Comey’s evil twin. He is worse than Comey and follows the same path but is smart enough not to brag about the shady stuff he does (like Comey did).
Wake up folks. They are firing FBI, DEA and other agents who supported Trump because now Trump supporters are considered ‘domestic terrorists’. They are spending 60 days to purge the military of Christians, conservatives, patriots and of Trump supporters.
We have long passed the stage where the laws or the constitution have any effect on the actions of those in control of our government.
Unless ‘We the People’ make a lot (a LOT) more noise, they are going to steamroll us into the new plantation with the lefties as our masters.
And DO NOT depend on the next election to fix things. The majority of law enforcement, the investigative agencies (the FBI and state equivalents), local, state and federal officials (attorney generals, secretaries of state, mayors, governors, etcetera), legislators (state and federal), and the judicial system (local, state and federal including SCOTUS (except Clarence Thomas and Samuel Alito)) seem to be blatantly ignoring fraud, corruption and outright criminality regarding the election corruption which was against the constitution and against state and federal laws.
If this is not fixed at the state and local level, we will soon be living in a new version of the Soviet Union. And those of you who read your history books know that is not a good thing.
More STUPIDITY – It’s a daily event for BIDEN. And what about HIS son Hunter’s gun scandal with his sister-in-law girlfriend. Continue covering that up media and BIDEN FAMILY because, of course, it was the guns fault.
O’Biden is not behind this. This brain dead clown is just a puppet for the Socialist Party. The demented moron could not put a package like this together. He can’t even walk up a flight of stairs much less even know where he is on any given day.
Cops will end up getting shot while trying to take the guns away. Not smart. It shows how little he cars about them!
cares
I guess if they tried that , a lot of people would get killed.
This senile cognitively impaired puppet is in for a surprise as well as his handlers and Harris. He may aspire to be a Mussolini, but the SCOTUS will set him back on his heels, that’s if his edict ever makes it through the Senate. Of course, we should all know that the Democrat Plan was to form a 25th Amendment Committee, find some senile sucker who is full of himself to run for President and Harris as VP with the idea that Biden will do all the unpopular things, let him make an ass of himself and then remove him from office with the 25th and put Harris the Marxist in power. She will be slightly less powerful as the House will turn Republican and the Senate will likely turn Republican.
I I talk to city cops and sheriff deputy’s regularly at the coffee shop They told me if the day comes they have to start taking away civilians guns – will be the day they quit their jobs – they said they did not want to get shot- and if this happens not one but many assassination attempts might be made not only on the President but many other government individuals – yes HELL will come to America in the form of a Civil War
that sorry ass son of a bitch for a president need’s to go the hell away or be put in an old folks home where he belong’s, he is not fit to run this country, i could almost bet obama is pulling that old pedophiles string’s.
I do not believe that this f&*%$#g idiot has read the constitution –especially article 2 and 4–and if he has he does not know what it says. He is trying his best to start a civil war and if he keeps up all this weird shit, he will do just that. The blood shed will be worse than anyone can imagine. This so called “president” and everyone who is telling him what to do should be in prison and be charged with treason. He is 100 times worse than Obama. He does not know what he is doing or where he is or who he is and “president” Harris is just as bad AMERICA WE ARE IN DEEP SHIT
The military needs to stay with us!
The Constitution and laws mean absolutely nothing if the people in power do not abide by them. I suggest you all stay at the ready and keep one eye open.
They know the only way they can completely control us/ our country..is to get our guns. Did you know that 95% of Americans own guns and know how to use them!?! That makes us an army bigger then China and Russia put together.. So America, WE better keep your guys!!
But most of all we need to pray for God’s protection.. without Him..we are nothing!!
🙏🏻🙏🏻🙏🏻
Correction…*Our guns!!!!