Man gets $250K for having his guns confiscated.

[pknopp]

The way I see this, the man was screwed over multiple times. First by law enforcement by ignoring his rights all around. Against his rights to have a gun, against his rights to have his house secure from warrantless searches and lastly because he only gets $31,000 of the $250,000.

Cranston will pay $250K to man for warrantless home search, gun seizure

 

[White 6]

The way I see this, the man was screwed over multiple times. First by law enforcement by ignoring his rights all around. Against his rights to have a gun, against his rights to have his house secure from warrantless searches and lastly because he only gets $31,000 of the $250,000.

Cranston will pay $250K to man for warrantless home search, gun seizure

Look who is smiling and who has that "aww shit" look.
Ok, ok. We have a 5 year legal battle over two handguns illegally confiscated by Cranston police, waged by the attorneys, that went all the way to to the Supreme Court. The settlement was agreed to by the plaintiff, Mr. Caniglia.

If all he had to do, was sit at home drawing his pensions and social security. while the lawyers took the case on contingency, I can see the lawyers doing work for those 5 years, with the prospect of being paid for their time, though, Mr. Caniglia only sees a $31,000 paycheck. It is highly unlikely he wrote a check to the lawyers for $43,800 every year for last 5 years over maybe $2,000 dollars worth of pistols and that is if you figure them $1,000 a piece. If he did, he fooled the psych people, as there is no way he could do that and be found mentally competent. I don't actually have any pistols worth $1,000 dollars a piece.

It is probably a bad idea to get into a argument with your wife, put a gun on the table and say "Just shoot me", as it is a lose/lose proposition for you, either way it goes, as this case proves.

If not being arrested, but police want you to leave your property for an examination, at the very least call your lawyer before agreeing.

Always remember it is totally legal for the police to lie to you, to get you to agree, confess, submit, or perform an action, but if you lie to them, you are probably screwed.

These are the lesson learned from this case. Remember this man's face before acting or speaking rashly in the spur of the moment.

I hope Mr. Canigia and a good divorce, but if he used these lawyers, that is probably not the case.

 

[whitehall]

The Cranston P.D. should have petitioned the local jurisdiction for a warrant based on the concern of the wife for her safety. Ain't it as simple as that?

 

[White 6]

The Cranston P.D. should have petitioned the local jurisdiction for a warrant based on the concern of the wife for her safety. Ain't it as simple as that?

Should have been, but they didn't do it, the police department backed them up, the local judge backed them up, without thought to whether it was constitutionally legal and then force Mr. Caniglia to sue to get his stuff back. This is a another example similar to civil asset forfeiture, where you can lose your property or money and have to spend money to get your stuff back, figuring nobody will go to the time, trouble or possibly expense, so they usually get to keep it, just because they can, as their lawyers are paid by your taxes.

 

[Bootney Lee Farnsworth]

Should have been, but they didn't do it, the police department backed them up, the local judge backed them up, without thought to whether it was constitutionally legal and then force Mr. Caniglia to sue to get his stuff back. This is a another example similar to civil asset forfeiture, where you can lose your property or money and have to spend money to get your stuff back, figuring nobody will go to the time, trouble or possibly expense, so they usually get to keep it, just because they can, as their lawyers are paid by your taxes.

This type of incident, like civil forfeiture is bullshit.

 

[Jarlaxle]

The biggest problem is that the cops responsible will not be publicly executed.

 

[White 6]

The biggest problem is that the cops responsible will not be publicly executed.

Don't forget low level judges that go along with crap like that.

 

[JOSweetHeart]

Forgive me if this is a dumb question, but did the guy get his guns back?

God bless you and him always!!!

Holly

 

[pknopp]

The Cranston P.D. should have petitioned the local jurisdiction for a warrant based on the concern of the wife for her safety. Ain't it as simple as that?

No, it shouldn't be simply that easy. Now he went for a mental health evaluation so maybe with medial professionals testifying also, perhaps.

 

[White 6]

Forgive me if this is a dumb question, but did the guy get his guns back?

God bless you and him always!!!

Holly

I just searched and could not find the answer. I even did a picture search, thinking in a case like this, a pro-gun protection news org would want a picture with returned guns on the table in front, but found nothing. I found several articles saying the case evolved to be more about illegal search than guns, specifically. On the other hand, even if winning the case after 5 years, there is no way, I would want a picture published of me with my weaponry and ammo stores, if I had been the one, from whom the weapons were confiscated (stolen by official act).