This past Monday the landmark fourth amendment Caniglia v. Strom came to an end when the Supreme Court voted unanimously in against giving police officers open-ended licensees for conducting seizures of firearms as it infringes on the fourth amendments guarantee of “the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion.”
The case of Caniglia v. Strom is a case from August 2015 that started because of an aggressive oral argument over a joke between Edward and Kim Caniglia. The aforementioned joke was over a coffee cup and Kim's brother, as the argument was started by a joke Edward tried to end it with one. Pulling an unloaded handgun from a nightstand and gesturing it towards Kim. Jokingly saying “Why don’t you just shoot me and get me out of my misery?”. After spending the night in a motel, Kim phoned Edwards' number, and with no response and remembering the previous night's conversation, Kim began to fear for her husband's life. She dialed 911 and stated the situation thus leading to the police arriving at the Caniglia home and seizing two handguns with no written argument. No civil charges were filed until Edward was denied the repossession of his firearms after he was cleared of any suicidal tendencies.
- Do you believe that the initial case was blown wildly out proportion?
- Do you believe the police should have the ability to seize firearms from private property with out a warrant?
- Would you consider this to be a massive victory for the justice system or a flawed oversight being reconciled?
- https://scholar.google.com/scholar_case?case=4444496144365799313&q=caniglia+v.+strom&hl=en&as_sdt=2006&as_vis=1
- https://www.reuters.com/business/legal/us-supreme-court-limits-police-power-enter-homes-with-no-warrant-2021-05-17/
- https://www.supremecourt.gov/opinions/20pdf/20-157_8mjp.pdf
- https://www.npr.org/2021/05/17/997487541/supreme-court-restricts-police-authority-to-enter-a-home-without-a-warrant
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