Supreme Court: Police Home Search Seizing Guns Without Warrant While Owner Away UnconstitutionalAlana Mastrangelo 17 May 2021
In a case alleging that police seized a man’s firearms while he was at hospital for a psychiatric evaluation, the U.S. Supreme Court held in a unanimous 9-0 decision that entering the house without a search warrant violates the Fourth Amendment to the Constitution.
The Court’s opinion, written by Justice Clarence Thomas, explains that the petitioner “denied that he was suicidal,” but that respondents thought the “petitioner posed a risk to himself or others.”
Therefore, “they called an ambulance, and petitioner agreed to go to the hospital for a psychiatric evaluation — but only after respondents allegedly promised not to confiscate his firearms.”
“Once the ambulance had taken petitioner away, however, respondents seized the weapons,” the Court’s opinion explains. “Guided by petitioner’s wife — whom they allegedly misinformed about his wishes — respondents entered the home and took two handguns.”
The petitioner reacted by suing, claiming “respondents violated the Fourth Amendment when they entered his home and seized him and his firearms without a warrant.”
On Monday, the U.S. Supreme Court unanimously decided that the police entering the house without a search warrant violates the Fourth Amendment to the Constitution.
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https://www.breitbart.com/politics/2021/05/17/supreme-court-police-home-search-seizing-guns-without-warrant-while-owner-away-unconstitutional/
