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Well we are absolutely fucked, there foes the fourth and second amendments right out the window.
@freemo I'm not a lawyer, but from what I've read this is kind of suspect:
| "(Mrs. Caniglia’s consent to have the police search their home was legally negated because the police untruthfully told her that her husband had consented to the seizure of any guns.) " |
Police can lie to you in the course of enforcing the law. I'd want to see a source on this because Forbes is not a lawyer either.
@blucrunch The olice can not lie to you to force you to hand over your legally owned handguns though, so I wouldnt say that applies here, not that I'm a lawyer either.
@freemo That's not what happened though. They lied to Mrs. Caniglia to gain consent to enter the house. I mean, I'm assuming they're married and living in a place does give you the right to invite people into the place you live. That they lied to her about someone else maybe giving consent is sort of irrelevant.
@blucrunch well no, they lied in order to get into the house, then search it, then take the guns, all of which where no crime has happened or was suspected.. cant imagine that would hold up in court.
@freemo I don't know, it's a grey area and that's probably why it's going to the Supreme Court.
My guess here, considering how conservative the court is right now, is that they will decide that this is within the purview of existing Community Caretaking" guidelines, but I certainly can't pretend to know the details here.
I think if I were to be pressed I would be against the police being able to do this without prior official notice, signed off by a judge or something.