Crescent City Times

Gun Owners of California Files “Friend of the Court” Brief on 2nd Amendment Warrantless Search Case

C
Crescent City Times
January 21, 2021 at 02:59 PM
6 years ago
SCOTUS Agrees to Hear Case on Gun Seizure and “Community Caretaking” Doctrine NEWSFLASH from GOC…
SCOTUS Agrees to Hear Case on Gun Seizure and “Community Caretaking” Doctrine NEWSFLASH from GOC – January 20, 2021 Gun Owners of California (GOC) is pleased to announce they have joined the Second Amendment Law Center and the California Rifle and Pistol Association in filing an Amicus (Friend of the Court) brief asking the Supreme Court of the United States (SCOTUS) to rule on the merits of a crucial case regarding warrantless searches. In November 2020, SOCTUS agreed to hear Caniglia v Strom, a 4th Amendment case that has a direct and significant bearing on the 2nd Amendment. In short, police used the principle of “community caretaking” to enter the home of Edward Caniglia whereupon they seized and confiscated his firearms without a warrant. The amicus brief states that the “Application of warrantless “community caretaking” searches to houses would violate the explicit text of the Fourth Amendment, would be inconsistent with the common-law tradition that one’s house is one’s castle, would have been anathema to the Founders, and would mark an unprecedented, dangerous departure from this Court’s jurisprudence.” The government has argued in both District and Appellate courts that the doctrine of “community caretaking” outweighs 4th Amendment prohibitions against warrantless searches, seizures and the intrusion on individual privacy. “If this dangerous concept is not stopped by SCOTUS, the notion of granting the government ‘community caretaking’ authority that extends to the home has the potential of putting ‘Red Flag Laws’ on steroids,” said Sam Paredes, Executive Director of Gun Owners of California. GOC is proud to continue our role as “Friend of the Court Wrangler” and will continue to weigh in legally on cases that impact the 2nd Amendment both here in California and across the nation.

Community Discussion

Join the conversation about this article.

This discussion is about the full content. Please respect the original source and use this for educational discussion only.

Please log in to start or join discussions.

Article Details

Published January 21, 2021 at 02:59 PM
Reading Time 0 min
Category general