The following is a computer-generated transcription, some grammar and spelling errors may be inherent

Alright guys, we got to talk about Caniglia V. Strong, US Supreme Court. May 17 2021. I've been talking about this case for months. You know, my students have asked me my opinion on it. I've given my opinion. And let me just share a little bit of background about it. But it's a very massive, hugely important case on two fronts. Number one, firearm confiscation and the red flag laws. And number two, a little more guidance on the so called Community caretaking doctrine as it applies to homes. Let me give you just some quick facts. Okay, I know you're busy. I'm busy. I'm in justly No, I'm in the great state of Tennessee. Teaching just out of outside of Nashville, love teaching here. And if you want me to come to your agency, or you want a fellow instructors come to your agency like the great and Kelleher and so forth to come your agency and teaching folks search and seizure, give us a call. Okay. So the background what happened was cops were called to a house because a husband the night before threatened to, you know, he kind of threatened suicide in an indirect way he told his wife that he was tired of fighting tarda arguing, why don't you shoot him, you know, shoot, shoot me right and get it all over with that was kind of like his, his tone. The wife then went to a hotel for the night. She called the husband the next morning, no answer. She feared that he actually did commit suicide, he called the police to do a welfare check on him. They ended up contacting him and he basically assured the cops that it was not a danger to himself. However, he did agree this is in Rhode Island, by the way, he did agree to go to the hospital voluntarily to do a mental, you know, Psych psychiatric evaluation. So why he was gone. The cops then spoke to the wife, right, the wife returned to the home. And I believe this is several hours later, up to four hours later. And the officer then they knew that he had a gun, right or guns, they then entered the home without a warrant without consent, and no exigency to go seize the husband's firearms, why community caretaking? If we can, if we don't seize these guns, maybe he comes back after the hospital and kills his wife kills himself and so forth. So this is, you know, something like best practice, right? Well, the husband then sues to get his guns back, he has a lot of problems getting his guns back, and so forth. Finally, he gets him back. But he Sue's over this whole entry to begin with. He's saying, hey, look, you should have never even gone into my house under those conditions. And then he filed a federal district in a federal lawsuit, and he loses. And then he appeals to the First Circuit and loses. The first circuit affirmed the actions of the police by saying that this was legitimate Communicare taking now, at this point, we have the First Circuit case. And at that time, you know, cops were asking me, what do I think about it? And I made a very clear I have a YouTube video about it. I said, it's not okay. Right. It's not going to be upheld by the US supreme court date. In fact, this is before they even took the case at the US Supreme Court addressed this issue and not be okay. And here's why. Because entry warrantless entries into the home, are fundamentally based off of some form of emergency urgency, exigency, something, we cannot wait to go get judicial pre approval. That's what these home entries are based on. We think about it when you enter a home to investigate a domestic violence, you do not get into that home simply because it's a domestic violence call. No, my friends, you get in there, if you get in there if you get an error, because you're able to articulate some kind of exigency, emergency and so forth, under the Mercy a doctrine to protect somebody to protect a wife to render aid to prevent the husband from Damn, you know, hurting his family and so forth. And while we investigate what's going on, so that's why you get in there. And that's what these homerun entries are based upon. Well, community caretaking is not built in with exigency. It doesn't require exigency. It just requires a reason to believe somebody needs or wants your help. Right? It just, it's there is no agency, a community caretaking is often applied to cars and pedestrians. You see a driver and you know, maybe driving very slowly on the highway, not illegal, but just maybe have a mechanical issue. So you stopped Car and check on the driver. Hey, are you okay? Is your car okay? That is community caretaking. Right?
There is no exigency there, though nobody's in imminent harm and so forth. So that's the issue. Now, the US Supreme Court in the decision was written by Justice Thomas. And he confirmed that the community caretaking doctrine does not apply to homes. He says that it never has applied to homes, and, you know, talks about, you know, needing the other traditional requirements to dental home, you know, emergency aid, consent, that type of thing, right. Hot Pursuit. And so the ramifications of this case are wide. And, you know, far reaching, right, extremely far reaching for two reasons. Number one, let's talk about red flag laws. Many states around the country are trying to pass laws or have passed laws that allow police officers to enter a home to seize firearms for safekeeping, even though the subject, right the person who maybe is, you know, danger to himself or others is gone. Right? Well think about it. He's gone. He's already at the hospital. He's already in the back of the police car. And so he's there's no way he can access those weapons. What happens to those laws? Well, my personal opinion is that they're done. There is no, there is no way that you can enforce in my opinion, a red flag law that gives police permission to warrantless li enter a home to seize firearms without judicial pre approval. And don't forget that that statute, if it says as much cannot, you know, supersede the Fourth Amendment. So the Fourth Amendment, you know, according to the Coniglio case, says that you need something more than just community caretaking. So I think any kind of red flag red flag law that says that is certainly problematic. Now, can cops get consent from the wife or another occupant that has lawful access to weapons? Sure. Now that could that could work? Right. But if you don't have that, then the traditional Red Flag Law with no judicial authorization will not work. The and of course, the other side, we got the so many second amendment advocates are looking at this case as a huge blow to gun grabbers. Right. Because red flag laws by by, you know, several people reviewing red flag laws, certainly there's some, there's a case we made for seizing firearms, to prevent imminent harm to other people, there's certainly a time and a place for it. But a lot of these cases seem to be an opportunity for some people to just grab firearms, without the necessary judicial pre approval the process. And, you know, a lot of these states like New Jersey and New York that that do seize firearms on a regular basis, it is almost impossible to get these guns back. Right. And that's what that's what the husband experienced in Rhode Island, by the way he had to sue to get his guns back, even though he was found to be fit, mentally fit and not a danger to himself or others. And then, of course, the other issue is that finally, we finally have a Supreme Court case directly on point that says that community caretaking does not apply to homes. And that just makes sense. That just makes sense for the reasons why basically no exigency, guys, I think it's a great case. Okay, I don't know how you feel about it. I'm certainly happy with it. I'm also I also, you know, my prediction was that this case will come out this way. But it has far reaching consequences and so forth. We'll see how it plays out. And that sounds a little too big. Okay, so it just came out yesterday. Several of my followers you know that on YouTube and so forth wanted me to give my two cents on it. That's my two cents. If you have anything else my friends, let me know. If you have questions, let me know. Attend our training, see what we have online, share with your friends and hit that like button if you liked the short video from the great state of Tennessee about this case, if it hopefully add some context. Let me know. Until next time my friends keep doing that great job out there.
When it comes to law enforcement training, we are the gold standard. Visit blue to gold.com or call 888-579-7796 to learn more about our training books and free webinars. Also don't forget to like subscribe and share this channel.