Supreme Court To Decide If Police Can Enter A Home To Seize Guns Without Warrant

The 4th Amendment of the Constitution protects citizens against warrantless searches of their homes. A police officer cannot enter your home unless they have shown a judge that they have probable cause that they will discover specific evidence of a crime. There are “exigent circumstances” exceptions to this right. If a police officer is witnessing an assault or murder in the home, or if the officer sees that the person in the home is in need of “emergency aid” they may enter the home in good judgement. Overall, the 4th Amendment is supposed to protect a citizen’s private home above all other places.

The Supreme Court has just announced that it will hear arguments next month on the case Caniglia v. Strom. The Caniglia v Strom is a case that involves the police untruthfully telling the wife of Mr. Caniglia that her husband had given them permission to seize his guns, and searched the home of Mr. Caniglia without obtaining a warrant. Mr. Caniglia sued for the violation of his 4th Amendment right to privacy and his 2nd Amendment right to keep handguns in the home for self-protection.

The 1st Circuit Court of Appeals sided with the police, and the Supreme Court is going to be reviewing Caniglia v Strom to possibly overrule the lower court’s decision.

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