In society today it often doesn’t feel that Americans are always protected by their constitutional rights and our nation’s Judicial System proved just that. In a recent case Caniglia v Storm, lower courts ruled that the 4th Amendment right had an exception provided which included “community caretaking” that allowed police to confiscate two pistols without a warrant, ignoring our 2nd and 4th Amendment rights.
Climbing all the way to the Supreme Court, it was unanimously ruled 9-0 against this exception.
More from American Military News:
In the case, Mr. Caniglia and his wife were arguing when he put an unloaded gun on their table and said, “shoot me now and get it over with.” Following the argument, Caniglia’s wife called the non-emergency police line, leading to a visit from law enforcement.
The husband was convinced to go seek psychiatric help at the hospital and while there, “his wife told the police that he had two pistols in the home, at which point the officers searched the home without a warrant; however, Mrs. Caniglia couldn’t provide legal consent because the police lied, telling her that Mr. Caniglia had consented to the seizure of his firearms.”
Supreme Court Justice Clarence Thomas wrote, “The very core of the Fourth Amendment,” Thomas wrote, is the “right of a man to retreat into his own home and there be free from unreasonable search and seizure.”
While the Supreme Court appears to still protect the constitutional rights of Americans, you can’t help but wonder what else the lower courts may deem as an “exception.”
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