I agree with the highlighted statement, "Red Flag laws" seem like a 5th Amendment violation to me. Not so much the initial part, which you pointed out as well, but that there is no EVENTUAL due process to defend one's self such as at a trial. Someone makes a claim, the court orders a seizure, and it's a done deal, end of story. The person subjected to the RFL never gets their "day in court". And that is flat out just wrong.srothstein wrote: ↑Tue May 18, 2021 11:24 pmSNIP
Red Flag laws are on pretty solid ground when it comes to search and seizure. The judge will listen to an officer reporting on what they found and determine if there is probable cause to say the person is a danger. Remember that probable cause is not proof, just that it is more likely than not. I think the better attack on them is the denial of due process by not letting the respondent know in advance and present a defense. And I have to admit that this is a weak attack because no one gets to present a defense to a search warrant as a general rule, or even a defense to an indictment before a grand jury. It might be allowed but doesn't have to be.
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Return to “SCOTUS Rules 9-0 against unlawful seizure of guns!”
- Wed May 19, 2021 1:14 am
- Forum: Federal
- Topic: SCOTUS Rules 9-0 against unlawful seizure of guns!
- Replies: 13
- Views: 9102