US Supreme Court to hear R.I. case involving warrantless seizure of guns – The Boston Globe
When he went for a ride, his wife hid the gun between the mattress and box spring, packed a bag, and stayed at a hotel for the night. She called the Cranston police the next day, saying she was worried about her husband. The police accompanied her back to the house, and the ranking officer concluded that her husband posed a danger to himself or others.
An ambulance took Edward Caniglia to Kent Hospital for a psychiatric evaluation, and officers seized two of his handguns while he was gone. Caniglia said he agreed to go to the hospital because the officers promised not to take his guns. Officers acknowledged no such agreement. He was not admitted to the hospital, nor charged with a crime. Though the police eventually returned the guns, Caniglia sued, claiming the police had violated his Fourth Amendment rights against unreasonable searches and seizures.
Chief US District Court Judge John J. McConnell Jr. rejected the claim of a Fourth Amendment violation, citing the community caretaking exception to the warrant requirement. He said the gun seizure was reasonable considering the officers legitimate safety concern for Caniglia and his wife.
Caniglia appealed, and three judges from the Boston-based 1st US Circuit Court of Appeals heard the case, including former US Supreme Court Justice David H. Souter and Senior US Circuit Court of Appeals Judge Bruce M. Selya, a Rhode Islander who wrote a decision upholding the lower court.
There are widely varied circumstances, ranging from helping little children to cross busy streets to navigating the sometimes stormy seas of neighborhood disturbances, in which police officers demonstrate, over and over again, the importance of the roles that they play in preserving and protecting communities, Selya wrote in March 2020.
He noted that in the 1973 case of Cady v. Dombrowski, the US Supreme Court ruled that in some circumstances, police may search a motor vehicle without first getting a warrant if they are engaged in a community caretaking function rather than investigating a crime.
The 1st Circuit ruling extended that exception to peoples homes.
The community caretaking doctrine is designed to give police elbow room to take appropriate action when unforeseen circumstances present some transient hazard that requires immediate attention, Selya wrote. Understanding the core purpose of the doctrine leads inexorably to the conclusion that it should not be limited to the motor vehicle context. Threats to individual and community safety are not confined to the highways.
By extending the exception to homes, the 1st Circuit differed from other federal courts, leading to Wednesdays Supreme Court hearing.
The ruling butts up against the legal maxim that a mans house is his castle, and it has drawn objections from groups ranging from the American Conservative Union Foundation to the American Civil Liberties Union of Rhode Island.
The home is considered to be the place where privacy rights and the guarantees of the Fourth Amendment are at their peak, Rhode Island ACLU executive director Steven Brown said Tuesday.
The police already have the ability to go into homes without warrant when there are exigent circumstances, meaning true emergencies, Brown said. But to come up with another excuse in the absence of an emergency to allow police to waltz into your home should be of concern to anyone who values privacy, he said.
In a legal brief, the ACLU said that extending the community caretaking exception to warrantless searches of homes would let the police bypass Fourth Amendment protections in a startling array of circumstances.
These are not theoretical concerns, the ACLU wrote. In both state and federal courts, everything from loud music to leaky pipes have been used to justify warrantless invasion of the home.
The Second Amendment Foundation filed a legal brief, saying the term community caretaking might sound therapeutic and roll off the tongue in a paternalistic patter that makes one think of good neighbors and sanctuary from harsh realities.
But as a constitutional doctrine, it means law enforcement officers, with no oversight from the legislature or judiciary, are empowered, on their own initiative, to deprive a law-abiding citizen of the means of exercising the Second Amendment in their home, the group said.
Make no mistake, the community caretaking exception is a Trojan horse abrogation of the Fourth Amendment, designed to undermine the Second Amendment at the retail level of governance, the foundation wrote.
But the US Department of Justice filed a legal brief defending the actions of the Cranston police, saying the officers confronted a specific, credible, and reasonably impending threat of suicide or domestic violence.
Faced with an unenviable choice about how or whether to intervene, the officers reasonably decided not to leave petitioner agitated, ostensibly suicidal, and with two handguns at his fingertips, the federal lawyers wrote.
Marc DeSisto, a lawyer for the Cranston officials who were sued, said ruling acknowledges two competing interests: the need for the caretaking activity and the affected individuals interest in freedom from government intrusions. But courts have long recognized the difficult position police officers face when responding to calls for help, rather than reports of crime, he said. Especially when self-harm is threatened, decisions must be made with an eye towards deescalating and calming the situation.
Society demands and deserves that first responders, including police, protect and serve their communities, DeSisto wrote. Whether it is preventing suicide, protecting domestic partners, responding to natural disasters, or helping children and the elderly, such functions can be and have been performed for over two centuries consistent with the Fourth Amendment.
Sidney Wordell, executive director of the Rhode Island Police Chiefs Association, noted that in 2018 Rhode Island enacted red flag law that allows courts to disarm individuals who are believed by law enforcement to represent a violent threat to themselves or others.
DeSistos legal brief noted that the red flag law took effect three years after the incident involving Caniglia, so it wouldnt apply in this case. But Wordell said the law now provides a means of removing weapons from volatile domestic situations, and it provides a process for returning guns after a cooling down period.
Law enforcement doesnt have the luxury of determining what didnt happen, Wordell said. But we do know data around use of weapons in domestic violence situations is that someone who threatens violence or is prone to violence is probably going to carry that out.
While the high court arguments will focus on the concept that a mans house is his castle, Wordell said, That is a shared home she lives there, too.
Edward Fitzpatrick can be reached at edward.fitzpatrick@globe.com. Follow him on Twitter @FitzProv.
Here is the original post:
US Supreme Court to hear R.I. case involving warrantless seizure of guns - The Boston Globe
- Collateral Damage, Episode Five: What Fourth Amendment? - The Intercept - November 7th, 2025 [November 7th, 2025]
- Does the Fourth Amendment Really Protect People of Color? - EBONY Magazine - November 7th, 2025 [November 7th, 2025]
- Too poor for privacy? People v. Maki and the tent as a Fourth Amendment frontier - Daily Journal - October 28th, 2025 [October 28th, 2025]
- Traffic Stops, Terry Stops, Policing, the Fourth Amendment, and Your Rights - Legal Talk Network - October 24th, 2025 [October 24th, 2025]
- There goes the fourth amendment - The Tartan - October 24th, 2025 [October 24th, 2025]
- Hoover Webinar with Orin Kerr on His "The Digital Fourth Amendment" - Reason Magazine - October 21st, 2025 [October 21st, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - Live 5 News - October 19th, 2025 [October 19th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WLBT - October 19th, 2025 [October 19th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WIS News 10 - October 19th, 2025 [October 19th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WDTV 5 - October 19th, 2025 [October 19th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - localnewslive.com - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WCTV - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - fox10tv.com - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WABI - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - fox8live.com - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WSAZ - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WAVE News - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WAFB - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - KY3 - October 17th, 2025 [October 17th, 2025]
- Opinion | To the Fourth Amendment: You Were Great While We Knew You - Common Dreams - October 13th, 2025 [October 13th, 2025]
- Treasury Department surveillance at the southern border faces Fourth Amendment challenges - Reason Magazine - October 9th, 2025 [October 9th, 2025]
- Commentary: The Fourth Amendment will no longer protect you - The Daily Gazette - October 4th, 2025 [October 4th, 2025]
- Establishment Labs Holdings Inc. Enters into Fourth Amendment to Credit Agreement and Guaranty with Oaktree Fund Administration, LLC - MarketScreener - October 4th, 2025 [October 4th, 2025]
- The Fourth Amendment and Immigration Raids: Whats the Law After The Supreme Courts Shadow Docket Ruling? - Stanford Law School - September 25th, 2025 [September 25th, 2025]
- 'Against The Principles Of The Fourth Amendment' 80,000 AI Cameras Track Americans Daily As CEO Claims He Can Eliminate All Crime In 10 Years - Yahoo - September 21st, 2025 [September 21st, 2025]
- 'Against The Principles Of The Fourth Amendment' 80,000 AI Cameras Track Americans Daily As CEO Claims He Can Eliminate All Crime In 10 Years -... - September 19th, 2025 [September 19th, 2025]
- The Supreme Court erased the Fourth Amendment by OKing Trumps immigration sweeps - MSNBC News - September 17th, 2025 [September 17th, 2025]
- Listen: Ali Velshi Explains How The Supreme Court Punched a Hole in The Fourth Amendment - The Philadelphia Citizen - September 17th, 2025 [September 17th, 2025]
- Port: We do not have Fourth Amendment rights if the government can punish us for exercising them - InForum - September 11th, 2025 [September 11th, 2025]
- North Carolina city declares itself a Fourth Amendment Workplace amid immigrant fears - Greensboro News and Record - September 9th, 2025 [September 9th, 2025]
- Prof Brandon Garrett reviews Orin Kerrs The Digital Fourth Amendment Lawfire - Sites@Duke Express - September 6th, 2025 [September 6th, 2025]
- Short Circuit 389 | On Walden Fourth Amendment - The Institute for Justice - August 18th, 2025 [August 18th, 2025]
- Trump's Immigration Crackdown Imperils the Fourth Amendment Rights of U.S. Citizens - Reason Magazine - August 6th, 2025 [August 6th, 2025]
- 'The Fourth Amendment is nothing new': Judge torches Trump admin for using 'apparent race or ethnicity' to conduct immigration raids in California,... - July 14th, 2025 [July 14th, 2025]
- ICE detainee to appear in Missoula court arguing about violation of Fourth Amendment and racial profiling - FOX 28 Spokane - July 12th, 2025 [July 12th, 2025]
- The Fourth Amendment and Sport: Holding, Offsides, and Illegal Contact Dont Always Happen on the Field of Play - The National Law Review - June 24th, 2025 [June 24th, 2025]
- Listen for Free to the First Hour of "The Digital Fourth Amendment" - Reason Magazine - June 20th, 2025 [June 20th, 2025]
- New Montana Law Blocks the State From Buying Private Data To Skirt the Fourth Amendment - Yahoo - May 22nd, 2025 [May 22nd, 2025]
- New Montana Law Blocks the State From Buying Private Data To Skirt the Fourth Amendment - Reason Magazine - May 19th, 2025 [May 19th, 2025]
- Revised Version of "Data Scanning and the Fourth Amendment" - Reason Magazine - May 15th, 2025 [May 15th, 2025]
- Fourth Amendment lawsuit: Michigan man claims officials tricked him into waiving rights - MLive.com - May 15th, 2025 [May 15th, 2025]
- Border Patrol to retrain hundreds of California agents on how to comply with the Fourth Amendment - Stocktonia - April 16th, 2025 [April 16th, 2025]
- Two women sue police officer, City of Reno for alleged Fourth Amendment violations - This Is Reno - March 15th, 2025 [March 15th, 2025]
- New Draft Article: "Data Scanning and the Fourth Amendment" - Reason - March 15th, 2025 [March 15th, 2025]
- Examining the Fourth Amendment in a digital world - FOX 5 DC - March 9th, 2025 [March 9th, 2025]
- Geofencing, High Tech Surveillance and the Future of the Fourth Amendment - Law.com - March 9th, 2025 [March 9th, 2025]
- Justices Sotomayor and Gorsuch on the Fourth Amendment and Misdemeanor Arrests - Reason - February 25th, 2025 [February 25th, 2025]
- The Why Behind the Fourth Amendment Makes One Appreciate the Need, by Matthew Mangino - Creators Syndicate - February 25th, 2025 [February 25th, 2025]
- City of La Crosse settles lawsuit involving three police officers over alleged Fourth Amendment violation - News8000.com - WKBT - February 25th, 2025 [February 25th, 2025]
- Loopholes, DNA Collection and Tech: Does Your Consent as a User of a Genealogy Website Override Another Persons Fourth Amendment Right? - Law.com - February 5th, 2025 [February 5th, 2025]
- Daytona Beachs AI surveillance threatens Fourth Amendment rights - The West Volusia Beacon - February 1st, 2025 [February 1st, 2025]
- Oswego Village Board approves fourth amendment to Reserve at Hudson Crossing redevelopment agreement, second building set for construction in the... - January 27th, 2025 [January 27th, 2025]
- US DOJ Report on Mt. Vernon Police Department Finds highly intrusive strip searches were a gross violation of the Fourth Amendment on an enormous... - December 25th, 2024 [December 25th, 2024]
- Permissibility of Cross-Border Share Swap: Understanding the Fourth Amendment of the NDI Rules and its Implications - SCC Online - November 23rd, 2024 [November 23rd, 2024]
- Does the Fourth Amendment protect smartphone users? - Lewiston Morning Tribune - October 12th, 2024 [October 12th, 2024]
- The Fourth Amendment shouldn't stop once you get up to drone level: Albert Fox Cahn - Fox Business - September 21st, 2024 [September 21st, 2024]
- The Reasonableness of Retaining Personal Property Post-Seizure and the Ascendancy of Text, History, and Tradition in Fourth Amendment Jurisprudence -... - September 21st, 2024 [September 21st, 2024]
- Gujarat's Proposes Fourth Amendment To Net Metering Regulations For Rooftop Solar Systems Up To 100 KW - SolarQuarter - July 26th, 2024 [July 26th, 2024]
- Nearly 96% of Private Property Is Open to Warrantless Searches, New Study Estimates - Reason - March 15th, 2024 [March 15th, 2024]
- Heres what to do (and not do) if you get pulled over in California. What are my rights? - Yahoo Movies Canada - December 12th, 2023 [December 12th, 2023]
- FBI Seized $86 Million From People Not Suspected Crimes. A Federal Court Will Decide if That's Legal. - Reason - December 12th, 2023 [December 12th, 2023]
- Digital justice: Supreme Court increasingly confronts law and the internet - Washington Times - December 12th, 2023 [December 12th, 2023]
- MCHS goes on lockout after weapons found on campus - Mineral County Independent-News - November 19th, 2023 [November 19th, 2023]
- Cops Stormed Into a Seattle Woman's Home. It Was the Wrong ... - Reason - November 19th, 2023 [November 19th, 2023]
- Ron Wyden, U.S. Senator from Oregon The Presidential Prayer ... - The Presidential Prayer Team - November 19th, 2023 [November 19th, 2023]
- Bill Maher Slams Critics of the West Amid Israel Conflict: Marginalized People Live Better Today Because of Western Ideals (Video) - Yahoo... - November 5th, 2023 [November 5th, 2023]
- Surveillance authority change could harm ability to stop attacks, FBI ... - Roll Call - November 5th, 2023 [November 5th, 2023]
- New York's progressive chief judge joins with conservatives to ... - City & State - November 5th, 2023 [November 5th, 2023]
- Should domestic abusers have gun rights? | On Point - WBUR News - November 5th, 2023 [November 5th, 2023]
- The Biden administrations latest executive order calls for a ... - R Street - November 5th, 2023 [November 5th, 2023]
- DPS Presents Purple Hearts, Medal of Valor and Other Prestigious ... - the Texas Department of Public Safety - November 5th, 2023 [November 5th, 2023]
- Senators Katie Britt and John Kennedy Call for Investigation into ... - Calhoun County Journal - October 15th, 2023 [October 15th, 2023]
- Trump and Section 3 of the Fourteenth Amendment: An Exploration ... - JURIST - October 15th, 2023 [October 15th, 2023]
- Expert Q&A with David Aaron on FISA Section 702 Reauthorization ... - Just Security - October 15th, 2023 [October 15th, 2023]
- A Constitution the Government Evades - Tenth Amendment Center - October 15th, 2023 [October 15th, 2023]
- Imagine If Feds Hunted More Real Terrorists, Not Conservatives - The Federalist - October 15th, 2023 [October 15th, 2023]
- Lake Orion Voters Could Decide Removing TIF Funding for ... - Oakland County Times - August 24th, 2023 [August 24th, 2023]
- A marriage of convenience: Why the pushback against a key spy program could cave in on progressives - Yahoo News - August 24th, 2023 [August 24th, 2023]
- Iowa Public Information Board accepts one complaint against ... - KMAland - August 24th, 2023 [August 24th, 2023]
- Burleigh County weighs OHV ordinance to crack down on reckless ... - Bismarck Tribune - August 8th, 2023 [August 8th, 2023]