SCOTUS
Delivers Red Flag Law States a Huge Blow!
Al Ritter
All lower court rulings had upheld the Red Flag law In
Rhode Island against Edward Caniglia. This followed an argument between Edward
and his wife Kim when Edward placed an empty handgun in front of his wife and
challenged her to just shoot him and get it over with. Kim left the house that
night but tried to call Edward the next morning but received no answer.
Kim called the Police the next morning and they
executed a “well check” visit.
This is where things tend to take an ugly turn in
states that have Red Flag Laws. Upon their visit to the Caniglia family home
Edward assured them he wouldn’t harm himself or his wife and even voluntarily
allowed the Police to take him for a psych evaluation, which he passed.
While he was being evaluated the Police went back to
the house and took all his guns without a warrant and then lied to Kim about
having Edward’s consent to do so.
The Police then refused to return his guns forcing him
to file a civil suit to which the Court ruled in the Police Department’s favor.
Enter the Supreme Court’s unanimous ruling May 17,
2021 where they stated[WU1] :
“The Supreme Court unanimously ruled that police are not allowed to enter and
search a home without a warrant for the sake of “community caretaking.”
Judge Clarence Thomas
wrote in the majority opinion, that while Police now days perform many civil
tasks, the recognition that these tasks exist, is not an opened license to perform them anywhere. The
Fourth Amendment protects the right of people to be secure in their persons,
houses, papers, and effects against unreasonable searches and seizures.
This is certainly a win
ruling against tyrannical government policies!
Read More Here:
3 comments:
I was wondering how long it would take to have this law shot down by the SCOTUS
I have never agreed with this law.
A big Win!
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