Back in late February, I wrote an article entitled “SCOTUS Case May Determine If Police Can Enter Your Home Without A Warrant,” where I discussed a Supreme Court case, Lange Vs. California. In that case, Justices are going to have to decide what essentially amounts to national guidance regarding when police in pursuit of a suspect can enter that person’s home without a warrant.
Another case asks the Supreme Court to uphold warrantless gun confiscation.
However, another case has arisen, pointing toward the clear fact that there is a war on what is left of the Fourth Amendment. But this new case also has drastic implications for the Second Amendment.
This case, based out of Rhode Island is Canigilia vs Strom and it could have wide-ranging consequences for policing, mental health, gun rights, and due process. Unsurprisingly, the Biden administration and Attorney’s General from nine states are asking the Supreme Court to uphold warrantless gun confiscation.
Here’s the original story of this case.
The case actually goes back to 2015, when 68-year old Edward Caniglia made a joke to his wife Kim that he didn’t use a specific coffee mug after his brother-in-law had used it because he “might catch a case of dishonesty.” That comment spiraled into an hour-long argument and, finally, exhausted from fighting with his wife of 22 years, he retrieved a gun from his bedroom and put it on the kitchen table. He asked his wife, “Why don’t you just shoot me and get me out of my misery?”
Naturally, the argument continued. So Edward took a drive to cool off but, when he returned, it picked back up. Kim then left the house and spent the night at a hotel. She called home the next day and got no answer. Worried, she called the Cranston, RI police asked them to perform a “wellness check” on her husband and escort her home. When the cops arrived they spoke to Edward on the back deck. The police admit he “seemed normal” and “was calm for the most part,” and even said, “he would never commit suicide.”
As Forbes reports, however, none of the officers had asked Edward any questions about the factors relating to his risk of suicide, risk of violence, or prior misuse of firearms. (Edward had no criminal record and no history of violence or self-harm.) In fact, one of the officers later admitted he “did not consult any specific psychological or psychiatric criteria” or medical professionals for his decisions that day.
Police, however, insisted that he go to a local hospital for a psychiatric evaluation. Edward rightly refused but, only agreed to go after police lied to him and agreed that they wouldn’t seize his guns while he was gone. The police then told Kim that her husband had agreed to the seizure and, under the impression that Edward had agreed, she led them to his guns.
Edward was immediately discharged from the hospital and the police only returned his firearms after Edward filed a civil rights lawsuit against them.
They claimed it was a “narrow exception to the 4th Amendment.”
Police did not claim that it was an emergency seizure or that the seizure was conducted to prevent imminent danger. They argued that their actions were a form of “community caretaking” another “narrow exception to the Fourth Amendment,” the type of which are increasing every day.
“Community Caretaking” was created by the Supreme Court nearly 50 years ago for cases involving impounded cars and highway safety on the grounds that cops are often needed to remove nuisances like inoperable vehicles on public roads.
Not surprisingly, the authoritarian lower courts sided with law enforcement.
Caniglia’s lawyers disagreed and, as Forbes reports,
In their opening brief for the Supreme Court, attorneys for Caniglia warned that “extending the community caretaking exception to homes would be anathema to the Fourth Amendment” because it “would grant police a blank check to intrude upon the home.”
That fear is not unwarranted. In jurisdictions that have extended the community caretaking exception to homes, “everything from loud music to leaky pipes have been used to justify warrantless invasion of the home,” a joint amicus brief by the ACLU, the Cato Institute, and the American Conservative Union revealed.
“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,” said Institute for Justice Attorney Joshua Windham. “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.”
But while the question of this case surrounds whether or not the actions of the officers were “reasonable,” it is perhaps worth noting what the supreme law of the land has to say about the question.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. – 4th Amendment to the US Constitution
The shooting in Colorado adds more fuel to the gun control fire.
Right on queue, American media has hopped into overdrive promoting fear and terror over “mass shootings,” with eerily similar headlines from state to state. The recent tragedy in Colorado where ten people were killed by a mass shooter now has the “something must be doners” in an uproar predictably calling for assault weapons bans, gun control, and all other methods of destroying the Second Amendment at the Federal and State level. The shooting in Colorado, like every other mass shooting, is being used to maximum propaganda effect to demonize guns, gun owners, and the ability of Americans to defend themselves from the criminal roaming their neighborhoods as well as those roaming their public institutions.
If Americans aren’t careful, the cases heading to court right now are going to be decided against their inalienable rights, all codified and providing more and more justification for an already out-of-control police state to run amok.
Robert Wheeler has been quietly researching world events for two decades. After witnessing the global network of NGOs and several ‘Revolutions’ they engineered in a number of different countries, Wheeler began analyzing current events through these lenses.
This is not our government, this is not our elected president. These are not rules or mandates to be followed. The country we grew up in is gone, time to get with the times. The constitution is null and void to them, following it ourselves is little more than virtue signaling at this point. We will never bring back the USA, we have no choice but to start all over.
“start all over”
from the bottom.
made a flag for that. regular american flag, ‘cept no stars, and in the white stripe below the blue field the words “start over”.
I’m sure the same thing could have been said while the constitution and the bill of rights were being written.
You decide whether you are a free person or a controlled drone to another. These rights are recognized as born rights, not rights given by men or a government.
With them come risks and responsibilities and if you cannot handle that, then go straight to slave prison and do not pass go.
remember the Right so defend with arms existed prior to the creation of the UNITED STATES……………so where in the hell do they think they get authority to circumvent
something they have been strictly forbidden from touching!!!!!j
“so where in the hell do they think they get authority to (fill in the blank)”
because in their religion they are the human beings and the rest of us are not – the rest of us are talking animals put here by god to serve them, to be eliminated if we don’t. just like a cattle rancher sees his cattle is how they see those of us they own and control, and just like the rancher sees the wolves in the field is how they see those of us they don’t own and control. and they act on those beliefs.
that’s it. that’s all there is to it.
This is another example of why the founders’ generation never intended for the US Supreme Court to have the final word. That was originally left to juries. Look up the history of jury nullification.
Even the Declaration of Independence mentioned the British hauling defendants offshore (to either Canada or England) where judges were beholden to the Crown. That was the British response to colonial juries refusing to convict in the face of very oppressive and unfair British laws being imposed on us colonials.
The right of jury nullification was made famous for British citizens in the 1670 case where William Penn (before Pennsylvania was named) for preaching Quakerism which was forbidden by the Crown. The jury foreman and a few fellow jurors refused to convict and were thrown into a cold fall prison for a few weeks until the Crown gave up.
Later in the American colonies the Salem witch trials were finally ended when local juries refused to convict. That tradition was also picked up in the 1735 trial of John Peter Zenger who published some highly critical (but truthful) remarks about the colonial governor of New York. The jury refused to convict. Today’s government indoctrination schools only claim that trial established freedom of the press — but FAIL to mention the extreme significance of the right of jury nullification.
The right of jury nullification was even enforced by a mandate that American judges in criminal trials were obligated (until a totalitarian tiptoe 1890s SCOTUS decision removed that mandate) to disclose those rights to jurors.
These days the oppression is so bad that even handing out copies of the US Constitution on the sidewalk outside a federal courthouse risks getting arrested for “tampering with potential jurors.” So today’s Fully Informed Jury Association at
has its hands full trying to preserve that ancient right of jurors that was one of many grievances cited (indirectly) in the Declaration of Independence that today’s tyrants would prefer that all such memory and practice of which be buried forever. Home schooling today could be structured to cover that invaluable history of jury nullification but any chance of getting that information into today’s government indoctrination “public” schools has long since been squashed like a bug.
Lewis, we are no longer guaranteed an automatic jury trial–SCOTUS has changed the rules in recent years. If you face a charge with a maximum sentence of 6 months or less, you can’t have a jury. While this may seem reasonable, prosecutors often stack multiple charges which may all carry a 6 month sentence–in that case, you STILL can’t have a jury, which see: https://www.law.cornell.edu/rules/frcrmp/rule_23
Interesting reference to the Salem witch trials; one of my ancestors was on trial for witchcraft in Salem but the colonial governor decided “enough of this” and declared the witch trials over, and she didn’t wind up at the gallows. Whew! That was a close call.
And of course they will! Since they are totally compromised!
I am not under their Jurisdiction
Knock on my door I shoot through the door
NOW WE FIGHT
“Knock on my door I shoot through the door
NOW WE FIGHT”
well if you wait until they’re at your door your chances of success are fairly low.
Do you know when they’re coming to your door? If the powers that be come for my personal defense inanimate objects, I will try my best to deter them with 185 gr .308, 62 gr .556, 230 gr .45, 147 gr 9mm, 158 gr .38 and if I have to I’ll scare the shit out of them with some 37 gr .22.
Not a surprise.
However, like MANY things the US government does it’s all “theater”. Propaganda meant to entertain, distract, spin, ad nauseum.
Synonyms for propaganda: information, promotion, advertisement, publicity.
Interestingly, some synonyms for PR (public relations) are: promotions, publicity, propaganda, advertising.
Hmm…methinks I see a pattern here…
I believe it was a violation of the 4th IF it went down as stated.
There is no surprise in this administration trying to disarm everyone and there shouldn’t be.
President Biden isn’t capable of clear thought as was badly obvious during the press conference where rambling, lost train of thought and inability to answer complex questions were shown repeatedly.
Unfortunately there are zero politicians protecting rights whereas there is 100% trying to remove or control them in some way with “their bill” or executive order.
I think the supreme Court is pretty much a lost cause.
Either they have sold out to …….,
they are scared to death for their lives and their families,
or they have been collectively blackmailed.
Most of us have read the stories about John Roberts.. I’m still waiting for more information, one way or the other on these issues.
My comment in moderation. WOW.
This is only the second time I’ve been there in all the time I have been commenting here.
COME ON KIDS,let DAD show you how to help the police gangs,WE ARE GOING TO THEIR STATION ,and I’am an american girlyman like all the others in america ,WE’LL LICK THEIR ASS UNTIL ITS NICE AND CLEAN..then they can rape you girls and mom,WE”LL be their favorite citizens,and they won’t come to our house,THEY’LL know we are a family of government butt lickers…
Leonard, thank you for that mention of the six month limit — which I didn’t know about.
Your Cornell.edu link had this note (excerpted):
“The right to a jury trial, however, does not apply to petty offenses, District of Columbia v. Clawans, 300 U.S. 617; Schick v. United States, 195 U.S. 65; Frankfurter and Corcoran, 39 Harv.L.R. 917. Cf. Rule 38(a) of the Federal Rules of Civil Procedure [28 U.S.C., Appendix].”
I found some details on the case that seems to have established that back in 1996 … in Lewis v. United States, 518 U.S. 322 (1996)
that covers a petty offense as defined by the six months or less imprisonment risk per charge — including the petty offense stacking workaround.
Fortunately that was a different Lewis that I had no connection with.
Many of those reading this post are afraid that the Trump and Q hopes caused inaction. You very badly need something useful to do. Check out Sheriff Mack’s Constitutional Sheriffs and Peace Officers Association for one vital project.
You must NOT use firearms. The enemy is desperately trying to create another Jan 6 to spark and cement gun confiscation. Remember the violent ones were Antifa and BLM. Out of 500 000 Patriots (my estimate) only 1000 were suckered into the Capitol building and those were polite, staying within the ropes and looking around eagerly. Media lied, and their lie was resoundingly successful.
This website shows a French “weapon” that is absolutely perfect for the kind of world we are trying to create. (Several minutes are enuf, or you can watch the whole thing.) https://www.corbettreport.com/flashmobs-for-freedom-solutionswatch/
While I would hope no one would use firearms too soon, there will come a time when we have to. If not, then our only option will be to roll over and let them do anything they want to. Unless something radically changes we are going to have to face and participate in a declaration of independence(or rather a return to it) and second war for independence. It is not here yet but I cannot honestly see how we can return to the original government of our founders using quite and passive means.
“You must NOT use firearms”
dude. doesn’t matter if you do or don’t, they’ll just howl to the moon that you did and they’ll act as if you did.
see, the guns are not the target. you are the target.
That crazy spouse is proof why some people should just remain single.
I always say, “I can screw up my life by myself. I don’t need any help.”
Stay away from women, drugs, and booze and you eliminate about 3/4 of these problems.
The Left does not recognize or hold inviolate our Constitution or our Inalienable Natural Civil Rights protected in the Bill of Rights!
They regularly deny our Rights, and oppress Citizens..and blame it on us.
The shooting in a Boulder Colorado Kosher Food Store followed a long time agenda of Boulder Californian Dregs, who preached against Whiteness and White People who are 90%+ “White”. They have caused much violence against White People and divided the community. The Muslim Terrorist who would not have been here save Globalist George Bush, and Barrack Obama hated both White and Jews. Only question is which he hated worse. it must have been the Jews? as he choose a Gun Free Zone/ Assured Victim Zone with a lot of unarmed Jews shopping for Passover! he hated Trump/Patriots/White People and missed making his planned assissination attempts on Trump twice. Globalist Democrats and RINOs are responsible for the Muslim family being here and the ensuing Jihad murder off 10 Honorable Citizens!
SCOTUS does NOT make law. They issue opinions. And the opinions are supposed to UPHOLD your Constitutional rights. And anytime it does not we have the right to redress.
And if that does not work we have a right to abandon that form of government and create another one that WILL.
So you can ignore the jerks up there. Hang them if you want for treason. Anything less and you are giving them a vote of your support.
Ignore them at your peril. Yes things are “supposed” to work a certain way BUT they no longer do. The government that is in place will expect you to obey a Scotus ruling as law and if you do not your choices are prison and financial ruin, flee the country or go down shooting so the news can write you up as a terrorist kook. I’m not saying we should just bow to them but ignoring them because they aren’t behaving properly is no different than ignoring a rattle snake because you think he needs your permission to bite you. He will bite you when he wants to whether you pay attention to him or not.
Don’t know about any of y’all, but I been barricading my front door and bedroom door at night for some time now, and everything in between those two doors might as well be something out of a “Home Alone” movie.
I haven’t expected that the government was going to honor my rights for sometime now; the only break in my distrust of government occurred when Trump was in office.
Has anybody published a statistical survey of mass shootings versus pestilential administration? Seems to me we didn’t have very many situations where 1) crazed gunman kills a bunch of random folks, 2) the shooter complained about getting hate messages on his phone from untraceable sources, 3) the police sit around for a half hour before moving to engage the perp. Those trends were popular in Barry’s day, and are coming back.
Just remember, the same hate drenched bigots who want to take away your guns also want to make the police stand down so that the feral hate monkeys in antifa and BLM can beat, burn, loot and murder without anyone being able to stop them. They are also the same filthy cockroaches who want to empty the jails and make excuses for violent criminals, which is why violent crime is SKYROCKETING in cities alla cross America
If you love yourself and love your family, it is your responsibility to never ever disarm
The phony baloney U.S. of Everything is Rigged, Illegal (or pending).
Why is it that when our Gov is under democrat control the ‘mass shootings’ spring in numerous events? While, under Trump for example, there were very few.
I think you meant “right on cue”, as in “cue the band.” A queue is what you stand in while waiting for bread in a socialist controlled government.
,Just look at tyrannical governments worldwide; what did they first do after seizing power? They banned firearms and confiscated them from their subjects .. After that, they imprisoned their own citizens; they also massacred those who defied their governments. The worst offenders, of course, were Bolsheviks, and they massacred more innocents than any other tyrannical regimes in history.
The late Philosopher/Historian Aleksander Solzhenitsyn described the horrors Russians and Ukrainians suffered under Bolshevism in his book “The Gulag Archipelago” He, himself was sent to one of the Gulags in Siberia and remained there for 12 years.
All too many of you apply rhetoric about this agency or that agency putting up a “fight” for the constitution against this CBC, (Central Bank Clan), toady.
You’ve had Cynthia McKinney expose how most, (if not all), of the legislative branch signing fealty agreements to a foreign government and said NOTHING!
You’ve had Justice Scalia “die” then disposed of without an autopsy – A Supreme court justice DIES and they have NO AUTOPSY! Yet, still not a peep. Then oh so effortlessly the bull dyke Kagan(ovitch) slips right into
These Bolsheviks don’t need to ASK – They hand deliver their orders to that bunch! Why do you think they so graciously denied any talk about a stolen/fraudulent (s)election?
This was completely mapped out before they told trump his role in it all. Same CBC that annihilated tens of millions in Russia – In China – and now? it’s our turn. Most will run around fighting/killing each other while those snakes chortle merrily from the shadows, yet again.
“We have exterminated the property owners in Russia. We are going to do the same thing in Europe and America
(The Jew, December, 1925, Zinobit)
“It is our duty to force all mankind to accept the seven Noahide laws, and if not ~ they will be killed.” ~ Rabbi Yitzhak Ginsburg
To quote a movie title: ‘There will be blood”. I’m not advocating violence but I don’t think it is too farfetched to think it might happen.
You should really look at this link.