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by RoyGBiv
Tue May 18, 2021 5:29 am
Forum: Federal
Topic: SCOTUS Rules 9-0 against unlawful seizure of guns!
Replies: 13
Views: 9401

Re: SCOTUS Rules 9-0 against unlawful seizure of guns!

SCOTUS’ Decision On Illegal Search And Seizure Opens The Door For Gun Owners To Challenge Red Flag Laws
This case falls within one important category of cases that could be viewed as involving community caretaking: conducting a search or seizure for the purpose of preventing a person from committing suicide. Assuming that petitioner did not voluntarily consent to go with the officers for a psychological assessment,1 he was seized and thus subjected to a serious deprivation of liberty. But was this warrantless seizure “reasonable”? We have addressed the standards required by due process for involuntary commitment to a mental treatment facility but we have not addressed Fourth Amendment restrictions on seizures like the one that we must assume occurred here, i.e., a short-term seizure conducted for the purpose of ascertaining whether a person presents an imminent risk of suicide. Every State has laws allowing emergency seizures for psychiatric treatment, observation, or stabilization, but these laws vary in many respects, including the categories of persons who may request the emergency action, the reasons that can justify the action, the necessity of a judicial proceeding, and the nature of the proceeding. Mentioning these laws only in passing, petitioner asked us to render a decision that could call features of these laws into question. The Court appropriately refrains from doing so.

This case also implicates another body of law that petitioner glossed over: the so-called “red flag” laws that some States are now enacting. These laws enable the police to seize guns pursuant to a court order to prevent their use for suicide or the infliction of harm on innocent persons. They typically specify the standard that must be met and the procedures that must be followed before firearms may be seized. Provisions of red flag laws may be challenged under the Fourth Amendment, and those cases may come before us. Our decision today does not address those issues.
by RoyGBiv
Mon May 17, 2021 11:50 am
Forum: Federal
Topic: SCOTUS Rules 9-0 against unlawful seizure of guns!
Replies: 13
Views: 9401

SCOTUS Rules 9-0 against unlawful seizure of guns!

https://www.supremecourt.gov/opinions/2 ... 7_8mjp.pdf. :hurry:

U.S. Supreme Court limits police power to enter homes with no warrant
The U.S. Supreme Court on Monday refused to make it easier for police to enter a home without a warrant for reasons of health or public safety, throwing out a lower court's decision to dismiss a lawsuit brought by a Rhode Island man after officers entered his home and confiscated his guns.

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