https ://www. forbes. com/sites/evangerstmann/2021/02/05/supreme-court-will-decide-whether-police-can-enter-a-home-to-seize-guns-without-a-warrant/
Supreme Court Will Decide Whether Police Can Enter A Home To Seize Guns Without A Warrant
Evan Gerstmann Senior Contributor Education
There is a vigorous debate about whether the community care exception can apply to searches of a person’s home as well as of their car. Vehicles have always had less 4th Amendment protection than homes, which are considered a person’s most private sphere. Federal courts have been divided on this question and the Supreme Court has not ruled on it until now.
The Court has just announced that it will hear arguments next month on a case that presents this issue: Caniglia v. Strom. In this case, Mr. Caniglia was arguing with his wife and melodramatically put an unloaded gun on the table and said “shoot me now and get it over with.” His wife called a non-emergency number for the police who arrived shortly thereafter. The police disagreed about whether Mr. Caniglia was acting “normal” or “agitated” but they convinced him to take an ambulance to the local hospital for evaluation. The police did not accompany him.
While he was on his way to the hospital, Mrs. Caniglia told the police that her husband kept two handguns in the home. The police decided to search his home for the guns without obtaining a warrant. (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.) The police located and seized the two guns. Mr. Caniglia sued for the violation of his 4th Amendment right to privacy and his 2nd Amendment right to keep handguns in the home for self-protection.
The 1st Circuit Court of Appeals (which is the federal court just below the Supreme Court in Caniglia’s jurisdiction) sided with the police. The court wrote: “At its core, 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. 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.”
The answer is "no".
Any other answer should be met with violence.
SCOTUS may decide whether the police may enter my home and seize my property without a warrant, but the homeowner is the final arbiter of whether or not they can.
The police can call reinforcement and put an end to the homeowner
Once, perhaps. Two times, again they might persist. But eventually, they will relent.
Thomas Jefferson
Александр Исаевич Солженицын (Aleksandr Isayevich Solzhenitsyn)
I tried to find the 10s before the most famous Braveheart clip, where the Scottish soldier says "All right, lads. I'm not dying for these bastards! Let's go home!", but it seems to be less in demand than the speech that follows.
That assumes that everyone will act at once. Let's be honest most people are all talk and will do nothing as the police arrives.