According to Caniglia v Strom, a lower court had previously determined that police confiscating the guns without a warrant fell under the Fourth Amendment’s “community caretaking” exception, but a 9-0 vote from the nation’s top court struck down that ruling.
Supreme Court rules warrantless home gun confiscation is unconstitutional in 9-0 vote
The Supreme Court ruled Monday that warrantless gun confiscation from Americans’ homes is unconstitutional, voting unanimously on the side of a Rhode Island man whose firearms were taken by law enforcement without a warrant after his wife expressed concerns that he might hurt himself. According to C…
“The very core of the Fourth Amendment,” Thomas wrote, is the “right of a man to retreat into his own home and there be free from unreasonable search and seizure.”