The Search & Seizure Show

Major Case!!! Caniglia v. Strom: Community Caretaking and Red Flag Laws


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Alright guys, we got to talk about Caniglia V. Strong, US Supreme Court. May 17 2021. I've been talking about this case for months. You know, my students have asked me my opinion on it. I've given my opinion. And let me just share a little bit of background about it. But it's a very massive, hugely important case on two fronts. Number one, firearm confiscation and the red flag laws. And number two, a little more guidance on the so called Community caretaking doctrine as it applies to homes. Let me give you just some quick facts. Okay, I know you're busy. I'm busy. I'm in justly No, I'm in the great state of Tennessee. Teaching just out of outside of Nashville, love teaching here. And if you want me to come to your agency, or you want a fellow instructors come to your agency like the great and Kelleher and so forth to come your agency and teaching folks search and seizure, give us a call. Okay. So the background what happened was cops were called to a house because a husband the night before threatened to, you know, he kind of threatened suicide in an indirect way he told his wife that he was tired of fighting tarda arguing, why don't you shoot him, you know, shoot, shoot me right and get it all over with that was kind of like his, his tone. The wife then went to a hotel for the night. She called the husband the next morning, no answer. She feared that he actually did commit suicide, he called the police to do a welfare check on him. They ended up contacting him and he basically assured the cops that it was not a danger to himself. However, he did agree this is in Rhode Island, by the way, he did agree to go to the hospital voluntarily to do a mental, you know, Psych psychiatric evaluation. So why he was gone. The cops then spoke to the wife, right, the wife returned to the home. And I believe this is several hours later, up to four hours later. And the officer then they knew that he had a gun, right or guns, they then entered the home without a warrant without consent, and no exigency to go seize the husband's firearms, why community caretaking? If we can, if we don't seize these guns, maybe he comes back after the hospital and kills his wife kills himself and so forth. So this is, you know, something like best practice, right? Well, the husband then sues to get his guns back, he has a lot of problems getting his guns back, and so forth. Finally, he gets him back. But he Sue's over this whole entry to begin with. He's saying, hey, look, you should have never even gone into my house under those conditions. And then he filed a federal district in a federal lawsuit, and he loses. And then he appeals to the First Circuit and loses...

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The Search & Seizure ShowBy Anthony Bandiero

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