‘Big Victory For 2A & 4A’ Boebert Celebrates 9-0 SCOTUS Ruling That Firearms Cannot Be Seized By Police Without a Warrant

The United States Supreme Court in a 9-0 ruling today decided in favor of a Rhode Island man who sued after law enforcement seized his weapons without first obtaining a warrant in a case that centered on the idea that police have the ability to engage in “community caretaking functions.”

Second amendment advocate and U.S. House Rep Lauren Boebert (R-CO) celebrated the ruling in a tweet where she said, “Big victory today for the 2nd and 4th amendments as SCOTUS ruled 9-0 today that law enforcement can not enter our homes and unconstitutionally seize firearms without a warrant!”

Justice Clarence Thomas in the majority opinion wrote that “Neither the holding nor logic of the [‘community caretaking exception’] justifies such warrantless searches and seizures in the home.”

“The very core of the Fourth Amendment’s guarantee is the right of a person to retreat into his or her home and ‘there be free from un-reasonable governmental intrusion,'” Thomas wrote, and added, that the ruling is “vacated and remanded.”

Justice Samuel Alito wrote in a concurring opinion, “The Court holds—and I entirely agree—that there is
no special Fourth Amendment rule for a broad category of cases involving ‘community caretaking.'”

The unanimous ruling comes as a surprise, considering that the Boston 1st United States Circuit Court of Appeals had dismissed the lawsuit filed by Edward Caniglia against police.

Four of the five judges on that court were appointed by Democrat presidents, including three by former President Barack Obama.

The case stemmed from an incident in 2015 where Caniglia had two handguns seized by the Cranston Police Department.

The police entered his home and took them after he left, following an agreement to go to the hospital for a psychiatric evaluation, so long as the police did not take his weapons.