re: Biden admin calls on SCOTUS to let police enter homes, confiscate guns without a warrant

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police eventually took husband into custody for psych evaluation.

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Mr. Caniglia agreed only after police promised—albeit falsely—they would not confiscate his guns while he was away. They did not have enough to involuntary commit him. They promised an action to get him to voluntarily commit himself. He was released the same day.

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Wife gave permission for all of this.

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Furthermore, officers then told Mrs. Caniglia that her husband had consented to the seizure, and she led them to the two handguns they owned, which were then seized. Despite Mr. Caniglia being immediately discharged from the hospital, police only gave back the firearms after he filed a civil rights case against them.

Significantly, when police confiscated the handguns, they did not allege it was to prevent imminent danger. Rather, they argued their actions were a manner of “community caretaking,” a slim exception to the warrant requirement in the Fourth Amendment of the Constitution.

They never had consent from any voluntary party. They coerced the wife into believing the spouse gave consent and never obtained written or verbal consent from any party or got a warrant.

What part of the community caretaker function was in place. The function is not to look for fruits of the crime or evidence. Which was the main point why they took the firearms. They had no reason to seize the firearms.