Base de données Jurisprudence

Trafic d’armes à feu

Types d’objets

• Armes à feu

Mots clefs

• Confiscation ou saisie

Caniglia v. Strom et al.

Résumé des faits

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.

Commentaire / Faits marquants

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. 

Date de la peine:
2021-05-17

Questions transversales

enquête

Confiscation et saisie

Biens saisis

a handgun
 

Informations sur la procédure

Système juridique:
Droit commun
Décision judiciaire la plus récente:
Cour suprême
Type d'Action Juridique:
Autre
 
Procédure #1:
  • Étape:
    appel
  • Numéro de dossier officiel:
    Caniglia v. Strom et al.
  • Date de décisions:
    Mon May 17 00:00:00 CEST 2021

    Tribunal

    Titre

    Supreme Court of the United States
     
    • Autre

    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.
     

    Résultat

  • Verdict:
    Reversal
  • Défendeurs / Répondants de la première instance

    Anonyme:
    E. C.
    Sexe:
    Homme

    Tribunal

    Supreme Court of the United States

    Pièces jointes/annexes