Biden admin calls on Supreme Court to OK seizure of firearms without a warrant

The Fourth Amendment to the U.S. Constitution makes clear that “the right of the people to be secure” in their homes “against unreasonable searches and seizures, shall not be violated” — unless, of course, the search and seizure are accompanied by a warrant based on probable cause.

According to the Washington Examiner, however, President Joe Biden’s administration made clear in a brief to the Supreme Court this week that they would prefer to utterly gut that sacrosanct right.

In an amicus brief filed this week, the Biden Justice Department takes a broad interpretation of a narrow exception to the Fourth Amendment known as “community caretaking” to argue that government officials should be allowed to conduct searches and seize firearms from Americans’ homes without a warrant in the name of “health and safety.”

Seized without a warrant

The stunning argument comes as part of an upcoming case Caniglia v. Strom, which is set to be heard by the Supreme Court on Wednesday. The plaintiff in the case, 68-year-old Edward Caniglia, had his firearms seized without a warrant after police were called to conduct a wellness check following a domestic dispute.

Caniglia and his wife had reportedly engaged in a verbal argument during which he dramatically presented a handgun and urged his wife to “shoot me and get me out of my misery,” though no such action was taken, as the Examiner noted. After spending the night apart, Caniglia’s wife called the house the next morning and received no answer, prompting her to ask police to conduct a “wellness check.”

Following a discussion with the officers outside his home, Caniglia agreed to go to a hospital for a psychiatric evaluation, after which he was promptly released without being admitted, the Examiner reported. In the meantime, however, the officers entered his home and took two handguns without a warrant or the homeowner’s permission — handguns he only retrieved months later after suing the city and its police department, he says.

An exception to the rule?

A district court and appeals court had previously ruled that the warrantless seizure of the firearms was justifiable and “reasonable” under the “community caretaking” exception, which the lower courts broadly interpreted as a sort of “catchall” provision covering potential threats to public health and safety.

According to the Washington Examiner, the Biden administration agreed, arguing in its recent amicus brief to the high court that the “reasonableness” of a search and seizure was more important than a warrant in situations involving “non-investigatory public interest, such as health or safety;” therefore, they said, warrants should not be “presumptively required” to conduct a search and seizure.

“Government officials may thus constitutionally enter a home when a serious threat to lives or health justifies immediate intervention, so long as those officials act in a reasonable manner tailored to addressing the particular threat that justified their entry,” the administration declared.

“A threat to everyone’s safety”

If that declaration seems like it completely undermines the fundamental intent of the Fourth Amendment, that is because it does — as was noted in an amicus brief filed jointly by the liberal American Civil Liberties Union (ACLU), the libertarian Cato Institute, and the American Conservative Union (ACU). The groups argued that the “community caretaking” exception had been grossly expanded by lower courts and was misapplied in this particular circumstance.

Similar arguments were raised in a separate brief filed by the Institute for Justice.

“The Fourth Amendment protects our right to be secure in our property, which means the right to be free from fear that the police will enter your house without warning or authorization,” Institute for Justice attorney Joshua Windham told the Washington Examiner. “A rule that allows police to burst into your home without a warrant whenever they feel they are acting as ‘community caretakers’ is a threat to everyone’s security.”

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45 Responses

      1. And there are many people that say things that could jeopardize our freedom so should we force them to be silent for the good of the majority?

    1. Sure would like to see your face once they break in on you and yours with any defense. Ok call the police, wait you can only get a community counselor to talk to the intruders over the phone. Fools and their money is the old saying. For people like you it goes – Fools die easy and quickly.

    2. Ps. Look up Nazi history. One of the first things Hitler did was convince everyone Guns were bad. Then voluntary surrender of all firearms. Then I shouldn’t have to tell you what happened from there……LOOK IT UP.

    3. We are glad that we have folks like yourself to watch over us so we don’t hurt
      ourselves. Most people of course should not have cars, hammers, knives, power
      tools, shovels, and tree trimmers. Thank you for your astute observations.

    4. Jennifer, that would be the gang members & criminals, who by the way, do NOT register their guns & buy them illegally. Guns don’t kill people, people kill people. Their are a lot of responsible citizens who own guns that do not go around shooting people. I’m one of them.

    5. That maybe true but then again there are just as many if not more for which should be allowed to have guns. Why should the wrongs of a few have to infringe on the rights of many? After all I did nothing wrong so why should I lose my right to my firearms

    6. Spoken like a true hand-wringer ! You will be the first to complain when the federal government (under the guise of safety and security) create a police-state and ration out freedoms to live life as you choose. Once you cede freedoms and rights . . . no one can restore them to you . . . they are lost forever ! I bet you wear a mask out in the fresh air, too !

    7. YOU for one because you follow Biden like a LOST little LAMB!! Biden lived off the Government for over 40 years and NOW he is destroying it. MILLIONS (Yes Millions) of people below the southern border are anxious to storm the border for Biden. THAT (little mislead fool) will DESTROY our Nation!! IF we keep it up and let all these migrants in we will be overrun and the Nation WILL die and revert into a third world nation. American lets in over a million LEGAL migrants every year. That is all we can stand and survive 9more than any other nation). You better believe THAT!!!

    8. Says who? Allowed BY WHO? Another lemming and useful idiot has chimed in with a ticket to slavery. Wise up Jen. Government is NOT your friend. Especially one headed up by a mindless cadaver who stands as a disguise for his handlers. Thank God people like you are not ALLOWED to make these decisions. We would all be in gulags .

    9. Yes you are right. These people rob, steal and murder people. The law says if you have a felony conviction, you CANNOT OWN A GUN. To me that is simple language and should be enforced, like no get out of jail free

    10. Do you realize Jennifer, that anyone seeing your post here could find where you live, and call your local police, to report you as a dangerous gun owner? Do you realize that under the new “Red Flag Laws”, the police would be allowed to break in if necessary, in order to search your home and confiscate any guns you own? You don’t own a gun? It makes no difference, the police will tear your home apart looking for one. Why? Because under these laws, they can. That’s how the Democrats wrote the laws, and the Supreme Court okayed them. You’d better be polite to your neighbors, if one of them gets angry at you, a simple phone call could bring the police into your home. Oh, they don’t need a warrant either, just a simple phone call will bring it. The Supremes ruled that the Fourth Amendment against unreasonable search and seizure doesn’t apply in this case. Say thank you to Nancy Pelosi. And watch your mouth.

    11. Who made you, Jennifer, the person to remove the Second Amendment from the Constitution? Do the words “shall not be infringed” ring a bell? Are you aware that our president, Slow Joe, wants to remove not just the Second Amendment, but also the First? Would you like a country where you couldn’t make a post on the internet without express government approval before you submit it? And who in the government has the power to control every post on the internet? Along with every word on radio, TV, newspaper, magazine, and online. Do you even realize what you’re asking for? Be careful what you wish for, you might get it.

  1. Biden needs to resign as POTUS – he is not the leader of this country. If he wants my guns for my own protection, he can do it over my dead body.

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  3. Biden and your Handler’s will Never take some is mine. You want Communism, then move to China. We don’t need nor want your kind in our Country. You have broken more than one Federal Law of our’s.
    Disarming America will not happen. We know our Right’s and our History.

  4. If Biden’s goons can break down your door and confiscate your guns without a warrant, they should be treated like any other crook, shot the instant they cross the threshold.

  5. This shows us our Amendments mean nothing. The Democrats want control and this is how they do it. Only true Americans will fight back.

  6. Welcome to COMMUNIST CHINA FOLKS! This is what u votes for –
    Total government control – just the way the left likes it!!!! Total domination!!!!

  7. Biden didn’t think of that scotus idea his puppeteers did it for him.. the real presidents are pulling the strings even though none of them were elected legally. When do they start the 25th or the impeachment of the top three?

  8. So. Biden you hear how people feel about taking our freedom. If you start it. We will finish it. YES 80 MILLION OF US.

  9. Illegal search and seizure.
    God bless you and your administration for the collapse of America, bidden.

  10. Hitler did the same thing! Take over the media so Only their propaganda could be broadcast or written, then take all self defense weapons, then scapegoat an entire race of people( the Jews) turn their countrymen against them, then have his “military” slaughter six million people! Think it can’t happen here? Look around you! Cancel culture is the beginning, next will be the “ reprogramming camps”, and extermination of all who won’t comply! Taking your guns is the second step, the indoctrination has already been completed!

  11. Remember when this same crowd got all those ‘exemptions’ when they rammed through BarryCare. Pretty sure the likes of Oprah, Cheeseburger Moore, et al would manage to get provisions allowing their private security to remain fully armed.

  12. I side with the 75million Trump voters if Dictator Joe and his so called 80million votes if he really got that let’s have this civil war and see if Biden supporters turn out or if the Patriots turn out in force not to mention Trumps supporters are gun owners who do the range time

  13. Biden and Harris need to be impeached and any Democrat that can not stand for America and our Constitution need to go to. Call, write and email your Representatives Senators daily until we get results. Write to the supreme Court about the treason committed in the election. Urge them to rethink their decision to not look into the election fraud before our country goes down in flames.
    US Supreme Court, 1 First Street NE, Washington, DC 20543
    You cannot call or email — you must write a letter!!!
    Members of the House
    202-224-3841
    Members of the Senate
    202-224-3121
    TOLL FREE:
    866-272-6622
    Stop complaining start calling and writing before its to late. I call and write everyday. 74million of us voted for Trump bombard these people with calls and letters.

  14. Slow joe and the anchor baby vice want the guns,come get them yourself don’t count on local police to violate their oath to defend the constitution from all enemies domestic and foreign

  15. Keep your Garbage talk Jen!!! You will NEVER have my guns or my accessories. Its fools like you that caved to the Nazi’s before WW2. Hitler knew the ways to control a nation and did them. (1) Control Health Care, (2) Control Elections, (3) Control and round up ALL Guns (4) Make People dependent on the Government, (5) NOTICE any actions in our Democratic Party (Biden) that are similar to NAZI actions. You better wake up to what the DEMOCRATS are doing (destroying America) or learn to speak Chinese because that is where we are heading. Biden and his administration are completely in bed with China and we better wake up to that or suffer later. American is dying under Bidens lying actions and people like you defend him.. SHAME on you as I swore to defend American when I served 24 years in the military and WILL still honor that swearing in action. I may die defending America but I will remain Loyal till then!! They will never take my guns!!!!! You ought to be ashamed of yourself for your ignorance of whats happening. Denying it will not change it!! All you need to do is to wake up to the Democrat party treasonous actions taking place NOW!!!

  16. AND Biden and his ilk (leftists liberals) all claimed that Trump was a Dictator, Fascist, who was trying to take over the country….. Everything that the Democrats and President Biden has done since January has been very Nazi oriented which was the Fascist/Dictator way of controlling people. The Stasi/SS were very good at it but a lot of people fought back and got killed or imprisoned for it. To travel by rail, you had to have papers issued by the Government and were subject to search anytime and anywhere by the police and/or soldiers. If you were caught with a gun, it was automatic prison, no trial or hearing, some were even shot and killed.

  17. And Biden just sits back laughing at us with a pen in his hand to sign another rule or law to take away our freedom. Yes it pisses me off. I degree he and all his freedom takers should be the ones to go door to door and tell people to turn over there fire arms. I don’t think they would make it through one small town.

  18. It is the beginning of the end now Biden is in. No warrants, gun confiscation, illegals everywhere. When are you people going to wake up and see that the government wants to control you from craddle( you may have been aborted) to grave. Pull life support. Stop it now

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