SCOTUS Strikes Down Warrantless Caretaking Firearm Searches

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JustaShooter
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SCOTUS Strikes Down Warrantless Caretaking Firearm Searches

Post by JustaShooter »

This SCOTUS ruling strikes a devastating blow to Red Flag laws. This was so egregious that even the leftist judges agreed with the ruling.

Supreme Court Unanimously Strikes Down Warrantless ‘Caretaking’ Firearm Searches
https://www.thetruthaboutguns.com/supre ... -searches/" onclick="window.open(this.href);return false;
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Re: SCOTUS Strikes Down Warrantless Caretaking Firearm Searc

Post by Bruenor »

Very narrow ruling. Doesn't affect Red Flag laws.
Justice Samuel Alito wrote a concurring opinion for the ruling in which he addressed existing “red flag” laws that also call into question Fourth Amendment rights.

“This case also implicates another body of law that petitioner glossed over: the so-called “red flag” laws that some States are now enacting. These laws enable the police to seize guns pursuant to a court order to prevent their use for suicide or the infliction of harm on innocent persons,” Alito wrote.

“They typically specify the standard that must be met and the procedures that must be followed before firearms may be seized,” he continued. “Provisions of red flag laws may be challenged under the Fourth Amendment, and those cases may come before us. Our decision today does not address those issues.”
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Re: SCOTUS Strikes Down Warrantless Caretaking Firearm Searc

Post by Brian D. »

This is different from that case, but during my time in Fire/EMS, we would go with the police on "welfare check" runs. A neighbor, relative, etc. would tell us about a resident that hadn't been seen or heard from for a few days. Our part was forcible entry, then medical care if needed. We made sure to make our presence known before going in, right behind the police. That meant sirens and the air horn. Didn't want to be mistaken for intruders.

I guess what we did was lawful, and sadly we often found someone dead inside, so it was necessary.
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Re: SCOTUS Strikes Down Warrantless Caretaking Firearm Searc

Post by bignflnut »

Bruenor wrote:Very narrow ruling. Doesn't affect Red Flag laws.
Understood. Let's be thankful for this W and press on to the next one.

We need many many more of these 9-0 smackdowns of police overreach. Long time comin.

(No credit to 45, as 9-0 is not contentious)
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Re: SCOTUS Strikes Down Warrantless Caretaking Firearm Searc

Post by techguy85 »

Color me surprised that all 9 of them agreed about something...
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Re: SCOTUS Strikes Down Warrantless Caretaking Firearm Searc

Post by Sasquatch.45 »

techguy85 wrote:Color me surprised that all 9 of them agreed about something...
Is it possible that there indeed... IS a finite limit to stupidity? :lol:
No law of prohibition ever prevented a crime of violence, They simply provide a framework for punishment for those who fail to commit suicide after going postal.

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Re: SCOTUS Strikes Down Warrantless Caretaking Firearm Searc

Post by schmieg »

Sasquatch.45 wrote:
techguy85 wrote:Color me surprised that all 9 of them agreed about something...
Is it possible that there indeed... IS a finite limit to stupidity? :lol:
Interestingly enough, there have been a number of 9-0 decisions in the last couple of weeks. I wonder if the Court is sending a message to the Senate.
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Re: SCOTUS Strikes Down Warrantless Caretaking Firearm Searc

Post by JEaton »

I think the defining factor on this case was that the husband refused to let them search and they lied to the wife and told her the husband had said it was Ok.

If the wife would have allowed the search on her own, it likely would have been a valid search.

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Re: SCOTUS Strikes Down Warrantless Caretaking Firearm Searc

Post by schmieg »

Jonathan Turley agrees with me, so he must be correct.

https://pjmedia.com/news-and-politics/m ... g-n1451203
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