SCOTUS law enforcement need a warrant to take firearms!!
- Thread starter nortatoga
- Start date
C3D
.338 Win Mag
A fun decision, but not really a RKBA thing so much as when a warrantless intrusion into a home for some BS reason is acceptable.
spat
.700 Nitro Express
"THOMAS, J., delivered the opinion for a unanimous Court."
Even the hard lefties could see this was a blatant overreach.
Wonder if the inferior courts will care, or is this going to be another case of rights that only apply to people who can afford enough appeals.
Fuck you red flag laws!!
Celt
.450/400 Nitro Ex
Without reading the decision, how does this effect red flag laws? It was my understanding that a warrant is given in red flags, the issue is that the person has no due process PRIOR to a warrant being issued for confiscation.
drowhawk
.44 mag
It's a court order in NY I believe. No warrant. Which means you don't even have the option of not complying, or you're in contempt. Forces you to voluntarily forfeit.
Saltwater60
20×102mm Vulcan
They will just use red flag laws to get a warrant.
C3D
.338 Win Mag
A red flag order is a warrant.
Bananabandit
.338 Win Mag
Why is this all about color? Society is just holding the color red back from excelling and breaking out of the stereotype.
Acer-m14
20×102mm Vulcan
this is not about red flag laws yet ... its on the community caretaking issue .. like your in a auto accident and have guns in the car ..
4:11 shows Cady ... impounded autos can be searched with no warrant .. this is what they were using to take the guns from his home ..
4:11 shows Cady ... impounded autos can be searched with no warrant .. this is what they were using to take the guns from his home ..
Acer-m14
20×102mm Vulcan
and a one sided warrant .. .. this could come into play from this ruling later on i think ..
Acer-m14
20×102mm Vulcan
ok watched a yankee marshal on this.. i'll post his vid if you want .. i know some don't like to listen to him ..
but he was saying that a reg flag is order from the court judge in most cases .. not a warrant ..
so this ruling could have put a big smack down on red flag's ..
he states to get a warrant you need probable cause .. not 2 of your neighbors that get mad you and know you have guns so they red flag you .. and make up a good story for the judge to issue the order to go take the guns ..
this ruling may scare judges now into not getting there name involved issuing a order to confiscate firearms
but he was saying that a reg flag is order from the court judge in most cases .. not a warrant ..
so this ruling could have put a big smack down on red flag's ..
he states to get a warrant you need probable cause .. not 2 of your neighbors that get mad you and know you have guns so they red flag you .. and make up a good story for the judge to issue the order to go take the guns ..
this ruling may scare judges now into not getting there name involved issuing a order to confiscate firearms
This is not really that big of a deal, at least not in terms of a Red Flag situation. If a Judge is going to sigh a RF order, he will sign a warrant as well.
1075tech
.338 Win Mag
And, like other SCOTUS decisions, some of the communist states will just carry on doing what they do - ignoring the constitution as if it doesn't apply to them
Blimey
.450/400 Nitro Ex
Good to see it’s unanimous at least.
drowhawk
.44 mag
Doesn't a warrant require that there is probable cause that a crime has been committed? As far as I understand red flag laws, you don't have to commit any crimes. How could a warrant be issued if there's no criminal investigation? I'm pretty sure it's a court-order, not a warrant.
drowhawk
.44 mag
Warrants are only issued if probable cause exists.
Probable cause that a crime has been committed.
Are you saying warrants are issued without probable cause?
Robin
.577 Tyrannosaur.
Through the FISA courts they are, a regular revolving for the FBI and their crooked activity.
Robin
Robin
Yep. All the time.
drowhawk
.44 mag
I can find no legal publications that support your statement.
Truebeliever
6.5 Creedmoor
Yes and no. It’s a court order to surrender firearms but all the judge has to do is add the search warrant language to it. In New York, if the gun is not on you it is to be stored in certain places ( by the license authority rules and it can vary) .
A failure to surrender or to comply with such a court order can be fought and won on 5th amendment grounds if not caught in possession of them.
But if there is a search provision in the order, you can’t stop the search . If they say there is a search provision but you demand the search warrant first and attempt to stop them , you could be arrested and convicted.
This court decision is narrowly scoped to the “ caretaker” exception. There are a while not of other exceptions to the search warrant requirement. This really doesn’t effect police that much. The caretaker exception is usually used when there is a smell of a dead body in the apartment or someone calls the police to check on a loved one who has been sick and who hasn’t come out of their house in a long time and they won’t answer the door. And yes, that is still legal for the police to do under the caretaker exception .