7th Circuit Upholds Warrantless Entry to Seize Gun

[Kirk Freeman]

RKBA advocate's physician tells police of suicidal threats by said activist. Police raid said RKBA activist at home.

7th Circuit holds that warrantless entry and seizure allowed.

7th Circuit upholds warrantless entry, seizure of gun rights activist

 

[88GT]

Tagging for later read

 

[GodFearinGunTotin]

When police are acting under the emergency aid doctrine, the court found, a search warrant, even if there's time to get one, may not be relevant because there is no suspicion of criminal activity.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

I don't think I can read between the lines well enough to see where a warrant is required only when criminal activity is suspected. You have to be careful of what you say when you're talking to doctors.

 

[IndyGunworks]

Next thing you know doctors will be on the gov't payroll, if that's all it takes to warrantlessly enter someones home.

 

[Trigger Time]

Insert 2nd amendment here

 

[Robert Richardson]

The judges probably were taught Constitutional law by Obama.

 

[BehindBlueI's]

What's new? When was a suicidal person with the means to commit suicide not an exigent circumstance? When you tell your doctor you might as well blow your brains out, he may go ahead and take you seriously.

In Indiana, we don't get a warrant for mental health issues. You get a mental writ, which is a lot more complicated to get than a warrant, requiring doctors' signatures and a judge's signature.

 

[T.Lex]

Oh crap. A panel of Flaum, Manion, and Rovner? That spelled doom for anything RKBA anyway.

A tortured 74 page opinion with an apologetic concurrence by Manion? Of course.

Having said that, it probably is the right answer under existing precedent. <=== notice formatting emphasis

The reality is that in a plausible emergency/exigent circumstances situation, law enforcement has considerable leeway.

Not opining as to whether that's good or bad or whether the lines could be drawn differently, just describing reality.

 

[SteveM4A1]

yikes.

 

[88GT]

What's new? When was a suicidal person with the means to commit suicide not an exigent circumstance? When you tell your doctor you might as well blow your brains out, he may go ahead and take you seriously.

In Indiana, we don't get a warrant for mental health issues. You get a mental writ, which is a lot more complicated to get than a warrant, requiring doctors' signatures and a judge's signature.

I wouldn't think that suicidal tendencies alone would be exigent circumstances.

 

[rockhopper46038]

How about if the doctor is lying?

 

[Destro]

I wouldn't think that suicidal tendencies alone would be exigent circumstances.

They aren't, but....


Sutterfield's doctor called police after Sutterfield left an appointment by saying she might as well go home and "blow her brains out," after Sutterfield had gotten some bad news. Sutterfield was wearing an empty gun holster to the appointment, so her doctor assumed Sutterfield had a gun.

So she had a means, motive, and plan.

 

[Destro]

How about if the doctor is lying?

then the Dr. should become a Mr.

 

[JeremiahJohnson]

I wouldn't think that suicidal tendencies alone would be exigent circumstances.

The problem here is it's 9 hours later, she's still alive, and telling them to leave her alone. In 9 hours they couldn't have come up with a warrant? They didn't try.

 

[Destro]

The problem here is it's 9 hours later, she's still alive, and telling them to leave her alone. In 9 hours they couldn't have come up with a warrant? They didn't try.

they didn't try because they don't really have "warrants" for that type of situation. There was not a crime and she was not a suspect.

 

[Mark 1911]

How about if the doctor is lying?

I expect a doctor can say whatever he wants, his word is better if the courts are looking for an excuse.

 

[KLB]

I think the government needs to quit trying to save people from themselves.

 

[pudly]

Just another reason to not tell your doctor that you own guns. Would the police have done a similar entry if no guns were involved?

 

[cce1302]

I think the government needs to quit trying to save people from themselves.

That was my first coherent thought after a few rage-induced rants that I didn't post.

 

[Fred78]

We need some new judges