President Biden’s White House is pushing for the Supreme Court to restrict the Fourth Amendment and allow what Forbes says is “warrantless gun confiscation.” The news comes as Biden signs an executive order on gun control.
The Supreme Court will hear arguments this week for a case — Caniglia v. Strom — that will determine whether the “community caretaking” exception to the Fourth Amendment’s blocking of warrantless searches and seizures reaches to private homes.
The case comes from an incident where police deceptively seized guns from a Rhode Island couple — Edward and Kim Caniglia — who had a heated argument.
Neither Edward nor Kim were ever accused of committing a crime, nor were they deemed to be a threat to others or themselves. Police said they took the guns under the “community caretaking” exception to the Fourth Amendment.
This exception was created by the Supreme Court during a 1973 ruling. According to reports, the exception “was created for cases involving impounded vehicles and highway safety, on the circumstances that police often go to car accidents to remove inoperable cars.”
The court “went to great lengths to be certain that the exception only be used for vehicles,” according to Law.com, even saying there is a “constitutional difference” between vehicles and homes.
But it seems, to Biden’s White House, that constitutional difference is just another obstacle to overcome to gain complete control over America.
Author: Steven Sinclaire