SCOTUS Strikes Down Warrantless Caretaking Firearm Searches
Moderators: Chuck, Mustang380gal, Coordinators, Moderators
- JustaShooter
- OFCC Coordinator
- Posts: 5800
- Joined: Thu Feb 07, 2013 3:08 pm
- Location: Akron/Canton Area
SCOTUS Strikes Down Warrantless Caretaking Firearm Searches
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;
Supreme Court Unanimously Strikes Down Warrantless ‘Caretaking’ Firearm Searches
https://www.thetruthaboutguns.com/supre ... -searches/" onclick="window.open(this.href);return false;
Christian, Husband, Father
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor
Want to become more active with OFCC and help fight for your rights? Click Here!
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor
Want to become more active with OFCC and help fight for your rights? Click Here!
- Bruenor
- Posts: 7306
- Joined: Mon Jul 24, 2006 3:03 pm
- Location: Geneva, OH
Re: SCOTUS Strikes Down Warrantless Caretaking Firearm Searc
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.”
Μολὼν λαβέ
"Arms discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property. . . Horrid mischief would ensue were the law-abiding deprived of the use of them."
- Thomas Paine
"Malo periculosam, libertatem quam quietam servitutem."
- Thomas Jefferson
"Arms discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property. . . Horrid mischief would ensue were the law-abiding deprived of the use of them."
- Thomas Paine
"Malo periculosam, libertatem quam quietam servitutem."
- Thomas Jefferson
-
- Posts: 16229
- Joined: Mon Jul 04, 2005 8:42 pm
- Location: SW Ohio
Re: SCOTUS Strikes Down Warrantless Caretaking Firearm Searc
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.
I guess what we did was lawful, and sadly we often found someone dead inside, so it was necessary.
Quit worrying, hide your gun well, shut up, and CARRY that handgun!
********************************************************************************
1911 and Browning Hi Power Enthusianado.
********************************************************************************
1911 and Browning Hi Power Enthusianado.
-
- Volunteer
- Posts: 8135
- Joined: Mon Jun 30, 2008 12:14 pm
- Location: Under Naybob Tinfoil Bridge
- Contact:
Re: SCOTUS Strikes Down Warrantless Caretaking Firearm Searc
Understood. Let's be thankful for this W and press on to the next one.Bruenor wrote:Very narrow ruling. Doesn't affect Red Flag laws.
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)
“It’s not that we don’t have enough scoundrels to curse; it’s that we don’t have enough good men to curse them.”–G.K. Chesterton-Illustrated London News, 3-14-1908
Republicans.Hate.You. See2020.
"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." John Adams to Mass Militia 10-11-1798
Republicans.Hate.You. See2020.
"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." John Adams to Mass Militia 10-11-1798
-
- Posts: 1332
- Joined: Mon Jul 16, 2012 8:55 am
- Location: Columbus
Re: SCOTUS Strikes Down Warrantless Caretaking Firearm Searc
Color me surprised that all 9 of them agreed about something...
-
- Posts: 570
- Joined: Tue Jan 17, 2006 7:05 pm
- Location: Bellevue Ohio
Re: SCOTUS Strikes Down Warrantless Caretaking Firearm Searc
Is it possible that there indeed... IS a finite limit to stupidity?techguy85 wrote:Color me surprised that all 9 of them agreed about something...
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.
The devil never made me do anything…However, he did have a couple of really cool ideals…
The devil never made me do anything…However, he did have a couple of really cool ideals…
- schmieg
- OFCC Coordinator
- Posts: 5751
- Joined: Mon Jul 04, 2005 11:11 pm
- Location: Madeira, Ohio
Re: SCOTUS Strikes Down Warrantless Caretaking Firearm Searc
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.Sasquatch.45 wrote:Is it possible that there indeed... IS a finite limit to stupidity?techguy85 wrote:Color me surprised that all 9 of them agreed about something...
-- Mike
"The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." - Ayn Rand
"The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." - Ayn Rand
-
- Posts: 518
- Joined: Mon Jul 04, 2005 8:51 am
- Location: SW Ohio
- Contact:
Re: SCOTUS Strikes Down Warrantless Caretaking Firearm Searc
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.
JLE
If the wife would have allowed the search on her own, it likely would have been a valid search.
JLE
- schmieg
- OFCC Coordinator
- Posts: 5751
- Joined: Mon Jul 04, 2005 11:11 pm
- Location: Madeira, Ohio
Re: SCOTUS Strikes Down Warrantless Caretaking Firearm Searc
Jonathan Turley agrees with me, so he must be correct.
https://pjmedia.com/news-and-politics/m ... g-n1451203
https://pjmedia.com/news-and-politics/m ... g-n1451203
-- Mike
"The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." - Ayn Rand
"The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." - Ayn Rand