SCOTUS rules against warrantless seizure of guns while man is in hospital for suicide evaluation

[excalibur]

From a unanimous Supreme Court.

This has far-reaching implications for other issues involving the 4th Amendment.

In a unanimous opinion Monday, the U.S. Supreme Court ruled against police who seized a man’s guns without a warrant while he was in the hospital for a suicide evaluation.

Police cannot justify the warrantless search and seizure based on the “community caretaking” exception to the Fourth Amendment, Justice Clarence Thomas wrote in his opinion for the high court.

...​

SCOTUS rules against warrantless seizure of guns while man is in hospital for suicide evaluation

In a unanimous opinion Monday, the U.S. Supreme Court ruled against police who seized a man’s guns without a warrant while he was in the hospital for a suicide evaluation.

www.abajournal.com

 

[Moonglow]

Hurray, now I can take my guns with me when I go to the hospitals for operations....get ready for the wild west to reignite in da USA, who's gonna play the Indians?

Maybe this court can tell the gestapo that the Drug War is illegal?

 

[Esdraelon]

Hopefully, this will help with the red flag cases that will eventually have to be heard. Those "laws" are tantamount to the summary abrogation of about half of the bill of rights.

 

[irosie91]

for the record----in days gone by-----suicide (attempt) could be prosecuted as
a crime

 

[Bootney Lee Farnsworth]

From a unanimous Supreme Court.

This has far-reaching implications for other issues involving the 4th Amendment.

​

In a unanimous opinion Monday, the U.S. Supreme Court ruled against police who seized a man’s guns without a warrant while he was in the hospital for a suicide evaluation.​

​

Police cannot justify the warrantless search and seizure based on the “community caretaking” exception to the Fourth Amendment, Justice Clarence Thomas wrote in his opinion for the high court.​

​

...​

SCOTUS rules against warrantless seizure of guns while man is in hospital for suicide evaluation

In a unanimous opinion Monday, the U.S. Supreme Court ruled against police who seized a man’s guns without a warrant while he was in the hospital for a suicide evaluation.

www.abajournal.com

UNANIMOUS

 

[Moonglow]

for the record----in days gone by-----suicide (attempt) could be prosecuted as
a crime

With a special place in hell and no burial in the cemetery, but they are nice folks in town...

 

[irosie91]

for the record----in days gone by-----suicide (attempt) could be prosecuted as
a crime

With a special place in hell and no burial in the cemetery, but they are nice folks in town...

I believe it is still frowned upon in the military-----but I am not sure

 

[White 6]

Hopefully, this will help with the red flag cases that will eventually have to be heard. Those "laws" are tantamount to the summary abrogation of about half of the bill of rights.

I don't think so. This wasn't about red flag laws, the usually are enforced after a hearing in-which the person named as a threat can have representation. This was about warrant-less, illegal search and seizure. If it was about ERPO, they did it all wrong, as the petitioner, often a law enforcement ageny presents evidense at an ERPO hearing, often including psychological evaluation results, which they didn't wait for. Surprised it wasn't kicked out long before the Supreme Court. That state has a law. They should have followed it or not tried to steal his guns.

 

[Moonglow]

for the record----in days gone by-----suicide (attempt) could be prosecuted as
a crime

With a special place in hell and no burial in the cemetery, but they are nice folks in town...

I believe it is still frowned upon in the military-----but I am not sure

Me neither since it's been a while, a long while....

 

[Moonglow]

Get rid of the no knock warrants also.

 

[struth]

Great opinion. Leftist have eroded the 4th for so long its good to see an opinion still holding it strong

 

[Moonglow]

Great opinion. Leftist have eroded the 4th for so long its good to see an opinion still holding it strong

Yeah, the Drug War ruined asset forfeiture(4th and 14th amendments) and made thieves out of cops and judges and you can blame Saint Reagan for that bit of oppression....

 

[struth]

Great opinion. Leftist have eroded the 4th for so long its good to see an opinion still holding it strong

Yeah, the Drug War ruined asset forfeiture(4th and 14th amendments) and made thieves out of cops and judges and you can blame Saint Reagan for that bit of oppression....

huh? reagan didn’t start asset forfeitures

 

[irosie91]

Great opinion. Leftist have eroded the 4th for so long its good to see an opinion still holding it strong

Yeah, the Drug War ruined asset forfeiture(4th and 14th amendments) and made thieves out of cops and judges and you can blame Saint Reagan for that bit of oppression....

huh? reagan didn’t start asset forfeitures

true-----who did? as I remember it---it refers to properties involving drug dealing and
stuff like that

 

[excalibur]

Hurray, now I can take my guns with me when I go to the hospitals for operations....get ready for the wild west to reignite in da USA, who's gonna play the Indians?

Maybe this court can tell the gestapo that the Drug War is illegal?

Derp remark.

 

[marvin martian]

Hurray, now I can take my guns with me when I go to the hospitals for operations....get ready for the wild west to reignite in da USA, who's gonna play the Indians?

Maybe this court can tell the gestapo that the Drug War is illegal?

You voted for the guy who legislated mandatory minimum sentences for drug crimes when he was in congress. You're the gestapo, dude.

 

[struth]

Great opinion. Leftist have eroded the 4th for so long its good to see an opinion still holding it strong

Yeah, the Drug War ruined asset forfeiture(4th and 14th amendments) and made thieves out of cops and judges and you can blame Saint Reagan for that bit of oppression....

huh? reagan didn’t start asset forfeitures

true-----who did? as I remember it---it refers to properties involving drug dealing and
stuff like that

Any crimes. Been around since we started having crimes...something we took from the Brits

 

[Esdraelon]

They should have followed it or not tried to steal his guns.

I realize it wasn't targeted at Red Flag nonsense. I just hope that when the Feds or more states begin to pass these power grabs the SCOTUS will come out for citizen's rights because that kind of tyranny simply won't fly for long. It's apt to turn VERY ugly for LEOs. Most of that legislation I've seen has basically given credence to anonymous accusations. On the strength of them, cops descend, take weapons, arrest and even if the defendant is completely cleared, they have to fight to get the guns returned. THAT is BS of the highest order and deserves a kick in the teeth to whoever is pushing it.

 

[excalibur]

for the record----in days gone by-----suicide (attempt) could be prosecuted as
a crime

With a special place in hell and no burial in the cemetery, but they are nice folks in town...

Catholics allow the burial of suicides.

The Catholic Church does not condone suicide; in fact, it is considered one of the gravest of sins. However, the Church also recognizes the right of a faithful believer to receive the same funeral rites as anyone else. As a result, in modern times the Catholic Church will conduct a funeral for someone who took his own life as long as a priest is willing to perform the service.​

Do Catholics Have Funerals for Suicides? | Synonym

classroom.synonym.com

 

[White 6]

They should have followed it or not tried to steal his guns.

I realize it wasn't targeted at Red Flag nonsense. I just hope that when the Feds or more states begin to pass these power grabs the SCOTUS will come out for citizen's rights because that kind of tyranny simply won't fly for long. It's apt to turn VERY ugly for LEOs. Most of that legislation I've seen has basically given credence to anonymous accusations. On the strength of them, cops descend, take weapons, arrest and even if the defendant is completely cleared, they have to fight to get the guns returned. THAT is BS of the highest order and deserves a kick in the teeth to whoever is pushing it.

There needs to be some kind of "Red Flag" system available. People don't take responsibility for family members that have lost rationality, like they used to. We took weapons and keys away from dad's control as Alzheimer progressed. Mother-in-law stashed all her then husband's weapons with family members after he became violent. A court proceeding where others, including law enforcement can present evidence and the person can present a defense is the only thing I can think of besides waiting until after reading of another murder suicide. Suicide is bad enough, but you really ought to choose to do it before you start killing wives, husband, kids and neighbors. The mentally unbalanced often get the order of operation dead wrong.