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Thread: SCOTUS vacates lower court ruling allowing warrantless search and seizure of firearms

  1. #1
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    Default SCOTUS vacates lower court ruling allowing warrantless search and seizure of firearms

    I'm no legal scholar, but I found this interesting. In Caniglia v Strom, the District Court held that the warrantless search of an individual's home and removal of firearms fell within the "community caretaking function" and "emergency aid exception" of law enforcement and was allowable. The First Circuit Court of Appeals upheld, but the Supremes reversed and remanded (unanimously). No doubt that this is the correct outcome and should be a relief to all of us. Synopsis here: https://www.scotusblog.com/2021/05/i...ace-like-home/

    I found it interesting that our AG, Alan Wilson, signed on to an amicus brief in support of the government's right to enter your home and seize your firearms without a warrant, which concluded: "This Court should reaffirm this Court’s emergency aid exception to the warrant requirement and hold that the officers’ warrantless actions in this case fell within that exception." https://www.supremecourt.gov/DocketP...ci%20Brief.pdf

  2. #2
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    AW's opinion doesn't surprise me at all

  3. #3
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    Glad it went the way it did, talk about a slippery slope

  4. #4
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    Quote Originally Posted by BuckyTownsend View Post
    AW's opinion doesn't surprise me at all
    No SLED and the war drugs and gun owners comes first.

  5. #5
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    Our AG, just got elected again as the President/Chair of the Republican AG Association. He has proven to be one of the more conservative and action-oriented AG in the nation. I would be interested in understanding why he signed on to this doctrine. MG
    Dum Spiro Spero

  6. #6
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    Republican does not always mean liberty loving. The often put law enforcement first.

  7. #7
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    Quote Originally Posted by Maggie Glover View Post
    Our AG, just got elected again as the President/Chair of the Republican AG Association. He has proven to be one of the more conservative and action-oriented AG in the nation. I would be interested in understanding why he signed on to this doctrine. MG
    He signed on to it because government doesn't ever want to give up power and he is government. Republican has zero to do with it.

  8. #8
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    Quote Originally Posted by Glenn View Post
    He signed on to it because government doesn't ever want to give up power and he is government. Republican has zero to do with it.
    Bingo

  9. #9
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    Us there somewhere to see where he signed something like that? I did a quick search and it looked like he has voted in support of gun rights.

  10. #10
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    Quote Originally Posted by Kioti View Post
    Us there somewhere to see where he signed something like that? I did a quick search and it looked like he has voted in support of gun rights.
    There is a link to the amicus brief in my original post above.

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