Case Law Database

Trafficking in firearms

Item Types

• firearms

Keywords

• Confiscation/seizure

Caniglia v. Strom et al.

Fact Summary

During an argument with his wife, the petitioner placed a handgun on the dining room table and asked his wife to “shoot [him] and get it over with”, which prompted her to leave. After she was unable to reach her husband by phone later on, so she called the police to request a welfare check.

The responding officers called an ambulance based on the belief that the petitioner posed a risk to himself or others, and the latter accepted to be hospitalized. However, once the petitioner left, the officers located and seized his weapons in his residence.

The petitioner sued, claiming that the officers had entered his home and seized him and his firearms without a warrant in violation of the Fourth Amendment.

The District Court granted summary judgment to the officers.

The Court of Appeal affirmed that decision, stating that the officers' removal of the petitioner and his firearms from his home was justified by a “community caretaking exception” to the warrant requirement.

The Supreme Court held that the Court of Appeals erred in finding that the decision to remove the petitioner’s firearms from his home without a warrant fell within a community caretaking exception and stated that a judicial decision was necessary to do so.

Commentary and Significant Features

This case illustrates the requirement for temporary seizures of firearms of an evaluation by a judicial authority, which must decide whether the items are to be returned to their legitimate owners, or the measure confirmed and transformed into a permanent confiscation. Prosecutors must request in court the confiscation of the seized firearms and other items, and their final disposal. It is the task of the judicial authority to determine whether all the legal conditions are present to accept such request and order the confiscation. 

Sentence Date:
2021-05-17

Cross-Cutting Issues

Investigation Procedure

Confiscation and Seizure

Seized Property

a handgun
 

Procedural Information

Legal System:
Common Law
Latest Court Ruling:
Supreme Court
Type of Proceeding:
Other
 
Proceeding #1:
  • Stage:
    appeal
  • Official Case Reference:
    Caniglia v. Strom et al.
  • Decision Date:
    Mon May 17 00:00:00 CEST 2021

    Court

    Court Title

    Supreme Court of the United States
     
    • Other

    Description

    The Supreme Court held that warrantless searches and seizures of homes exceed the authority of police officers pursuant to any so-called community caretaking duties.
     

    Outcome

  • Verdict:
    Reversal
  • Defendants / Respondents in the first instance

    anonymous:
    E. C.
    Gender:
    Male

    Court

    Supreme Court of the United States