• Home
  • About
    • Authors
  • Advertise
  • Right To Bear
  • Articles
    • Leadership
    • Tactics
    • Officer Down
    • Editorial
    • Op-ed
    • Chaplain
    • News
  • Network
    • Learn more
  • Training
  • Contact
No Result
View All Result
Law Officer
Law Officer
No Result
View All Result

Biden supports gun confiscation through warrantless home entry

The decision is pending with the Supreme Court

March 24, 2021
Law Officerby Law Officer
Share and speak up for justice, law & order...

Washington D.C. — While states and local agencies are trying to limit police powers, it appears the the U.S. Supreme Court will uphold the long-standing rules about law enforcement being able to enter a home without a warrant for reasons of health or public safety. And a recent Supreme Court case has proven to be even more pivotal.

This particular case was initially heard by the court in Rhode Island where a man, Edward Caniglia, appealed a lower court ruling throwing out his lawsuit that accused police of violating his constitutional rights. In 2015, police officers brought Caniglia to a hospital for a mental health evaluation and took away his guns without a warrant after an argument with his wife.

Lower courts ruled that police in Cranston (RI) did not violate the Constitution’s Fourth Amendment ban on unreasonable searches and seizures. That’s like because law enforcement officers respond to thousands of “check the well being” calls each week across the country. And if there is a reason to believe someone inside is in need of critical medical care, they can enter the residence.

During arguments, several justices seemed wary of impeding officers from quickly responding to grave situations in which a person might be injured or die. They also cited examples of people who were suicidal, and elderly people in need of help.

Some justices, however, questioned how they could ensure that police would not abuse expanded powers to act without a warrant.

Justice Brett Kavanaugh said the case highlights two common situations – older people falling and suicides – in which imposing heightened requirements on police would cause them to back away instead of acting quickly.

“The longer you’re in the house and no one comes to get you, you’re more likely to die from the fall. The statistics are huge on older people dying from falls,” Kavanaugh told Caniglia’s attorney, Shay Dvoretzky.

Justice Sonia Sotomayor raised doubts about giving police the authority to judge the severity of any situation on their own without, for instance, the advice of mental health experts.

President Joe Biden’s administration backed the police in the case. And a Justice Department lawyer told the justices that officers should not be required to obtain warrants in situations in which people could be seriously harmed.

However, this case also highlights how such powers could have unintended consequences.

In this case, a domestic argument between Caniglia and his wife Kim began over a Walt Disney World coffee mug. Perhaps trivial, the argument soon swirled into a disagreement about her extended family. And at one point, Caniglia retrieved a gun and asked his wife to shoot him to “get me out of my misery,” according to court papers.

Kim decided to spend the night at a hotel, and called police because she feared her husband could be suicidal. After the police were involved, Caniglia’s guns were confiscated.

Ultimately, Caniglia sued the city and the police. The 1st U.S. Circuit Court of Appeals upheld a federal judge’s decision to dismiss the case according to Yahoo News.

And the most pivotal aspect of this case, it that the 1st Circuit concluded that even if the dispute did not constitute an emergency, police were justified under the legal doctrine that gives officers leeway to engage in “community caretaking” to ensure public safety.

Worth noting, however, is that Caniglia, 70, had no criminal history and no record of violence or misuse of guns. And police returned his guns only after he sued.


Share and speak up for justice, law & order...
Tags: Cranstongun confiscationPresident Bidenrhode islandsupreme court
Law Officer

Law Officer

Law Officer is the only major law enforcement publication and website owned and operated by law enforcement—for law enforcement and supporters of justice, law, and order. This unique facet makes Law Officer much more than just a publishing company, but a true advocate for the law enforcement profession.

Related Posts

Texas defies SCOTUS

Texas defies SCOTUS ruling and the Biden Administration as they continue to roll out border defenses

January 24, 2024
Joe Biden

Articles of Impeachment introduced against President Biden

August 12, 2023

SNL Star surprises Rhode Island police department with coffee, donuts

May 20, 2023
Matthew Reilly

Rhode Island city councilman found passed out in car, busted for possession of drugs

May 19, 2023
Sarah Jane Cavanaugh

Woman sentenced to prison for elaborate stolen valor fraud

March 18, 2023
Julianna Stout

Former beauty queen turned lawmaker sentenced for sneaking into ICE detention center to see husband

November 1, 2022
Load More

Latest Articles

d-day

D-Day, Protectors, And The Enduring Chords Of Service

June 4, 2026
Vincent J. Bove addressing members of the NYPD Strategic Response Group (SRG) during roll call presentations in Manhattan on May 26, 2026. The SRG represents one of the NYPD’s most operationally demanding assignments, responsible for tactical readiness, major event security, counterterrorism support, and rapid response operations throughout New York City. (Credit: Police Officer Emir Aliaj / NYPD Strategic Response Group for Reawakening America LLC)

From NYPD SRG to Harlem’s 32nd Precinct: A Day Across the Front Lines of New York

June 2, 2026
FBI National Command

Forging Small-Agency Executives: Inside the FBI National Command Course

June 2, 2026
Brian O'Hara

BREAKING: Minneapolis Police Chief Brian O’Hara resigns

May 26, 2026
21st century policing

Preserving the Dignity of the Badge in 21st Century Policing

May 26, 2026
Memorial Day

Memorial Day: The Last Roll Call of a Grateful Nation

May 22, 2026
Load More

Weekly E-Newsletter

Subscribe—and get the latest news and editorials direct from Law Officer each week!

[newsletter_form type="minimal"]

BE COURAGEOUS

JOIN THE FIGHT

Protect Your Privacy

POPULAR GEAR

Tactical Pants

Tactical Boots

 

FIND MORE…

Law Officer

© 2024 LawOfficer.com

LawOfficer.com

  • Home
  • About
  • Advertise
  • Privacy Policy
  • Corrections
  • Contact

Speak up for justice, law & order

No Result
View All Result
  • Home
  • About
    • Authors
  • Advertise
  • Right To Bear
  • Articles
    • Leadership
    • Tactics
    • Officer Down
    • Editorial
    • Op-ed
    • Chaplain
    • News
  • Network
    • Learn more
  • Training
  • Contact

© 2024 LawOfficer.com