American Military News by Liz George March 25, 2021
The Biden administration urged the Supreme Court to uphold a warrantless gun confiscation ruling as the nation’s top court heard oral arguments Wednesday on Caniglia v Strom, a case that could have major consequences for the Fourth Amendment where policing, due process and mental health are concerned.
In its first amicus brief before the Supreme Court, the Department of Justice argued the actions taken by law enforcement to confiscate the petitioner’s firearms without a warrant were “reasonable.â€
“The touchstone of the Fourth Amendment is reasonableness,†the DOJ’s brief stated. “For criminal investigations, this Court has generally incorporated the Warrant Clause into the Fourth Amendment’s overarching reasonableness requirement, but it has not generally done so for searches or seizures objectively premised on justifications other than the investigation of wrongdoing.â€
“The ultimate question in this case is therefore not whether the respondent officers’ actions fit within some narrow warrant exception, but instead whether those actions were reasonable. And under all the circumstances here, they were,†the brief added.
More:
https://americanmilitarynews.com/2021/03/biden-admin-calls-on-supreme-court-to-allow-warrantless-gun-confiscation-from-homes/