Another win for the Constitution comes in the form of the fourth amendment. Even for community safety, the United States Supreme Court ruled that the police can’t enter someone’s home without a warrant. The win comes after a man sued police officers for removing his firearms from his home without a warrant.
After a disagreement with his wife, Edward Caniglia placed his gun on the table and urged his wife to shoot him. She didn’t shoot him, but she did phone the cops when she left the house. The police arrived and spoke to Edward and convinced him to get psychiatric assistance. While he was getting treatment, the officers removed his firearms from home, and Edward sued them.
Outside a warrant, the officers would have been required to have exigent circumstances or consent, but items generally can’t be removed from home even with difficult circumstances. The court case has proven once again that the Supreme Court will uphold the constitutional rights of citizens.
In a previous case, Cady v. Dombrowski, a vehicle was involved rather than a home, and the vehicle was in an impound lot. The Supreme Court held that it was constitutionally permissible for authorities to inspect a car in police custody.
The actions of the officers aren’t routine police procedures. Standard practice is to seek a search warrant for a home that’s going to be searched. Constitutional caution is usually a significant factor in searches of homes and when the decision is made to obtain a warrant. Even with consent, it’s best to get written permission, and that consent can be revoked at any time during the search.
Courts have made several key firearm rulings recently. A federal judge in California said that banning the AR-15 style rifle in California is unconstitutional and said that the AR-15 is the “Swiss Army Knife” of guns. A Virginia appeals court ruled that a ban on pistol purchases for 18-20-year old’s is unconstitutional, opening the possibility for federal law to be changed for pistol purchases.
For years, firearm policies have threatened the second amendment, but almost every time the Supreme Court gets ahold of a case, they overturn the policy. Democrats and President Joe Biden have made Americans fear that their rights would be infringed on, and they have specific reasons to be afraid of that. Gun control has been the most significant talking point from the left for decades, and after Biden’s constant bragging about the 1994 crime bill, it’s expected he’ll try to limit firearm ownership. Strengthening privacy is always a good thing.
It’s vital to follow case law in the United States because it gives you a good idea of the politics of our court system and how you can more easily exercise your rights.