They get sued by the ACLU no less. Breault v. Goucher
Enjoy.
Enjoy.
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Likely to be settled before it goes to trial or the court will not need to reach all the issues raised by the suit to make it go away. Instead, will use the least significant issue raised (4A lack of warrant?) to tell Bristol to give the gun back. The court will not have to rule on the other issues like, 2A, RI Constitution, etc... and will not permanently enjoin them from continuing their current practices.
The ACLU has taken gun cases in the past, most notably concerning alienage. But they pursued 14th Amendment actions, not Second Amendment actions in those cases.By refusing to return Daniel’s handgun to them, Defendants have infringed on Plaintiffs’ right to keep and bear arms* as guaranteed by the Second Amendment to the United States Constitution and incorporated to the States by the Fourteenth Amendment as well as Art. 1, Sec. 22 of the Rhode Island Constitution.
True, but that does not prevent the sued party from surrendering to end the case.Don't count on it. The ACLU doesn't take cases with the object of settling.
Here are the three other similar cases brought by the RI ACLU:
- 06/12 - Machado v. City of Cranston – Dismissed w/prejudice Cranston paid up
- 04/15 - Richer v. Parmelee (North Smithfield) - Discovery through Sept 17 (1:15-cv-00162-M-PAS)
- 12/15 - Caniglia v. Strom – (Cranston) – Discovery through Sept 17 (1:15-cv-00525-M-LDA)
This could be a hugely important Fourth Amendment case if the Supreme Court agrees to hear it, and it could serve as a check on the ever-expanding powers of the government if they rule that the police’s desire for “elbow room” doesn’t take precedence over the individual citizen’s right to privacy and security in their own home.
We could know as early as Monday what the Supreme Court plans to do with the Caldara and Caniglia cases, so look for an update after the conference orders come out Monday morning.
Petition for cert granted on Friday 11/20.12/15 - Caniglia v. Strom – (Cranston) – Discovery through Sept 17 (1:15-cv-00525-M-LDA)
Appears to be entirely a Fourth Amendment case?Almost five years later, here's an interesting update to the Caniglia case:
ACB Gets Her First Crack At The Second Amendment On Friday
bearingarms.com
Petition for cert granted on Friday 11/20.
Caniglia v. Strom is an indirect challenge of "Red Flag" laws, questioning whether the 'community caretaking' exception to the Fourth Amendment’s warrant requirement extends to the home.
Appears to be entirely a Fourth Amendment case?
Biden Administration Urges Supreme Court To Let Cops Enter Homes And Seize Guns Without A Warrant
Adopting the Biden Administration's argument, critics warn, “would be anathema to the Fourth Amendment” and would “grant police a blank check to intrude upon the home.”www.forbes.com
Great story. Would be nice to know of what the decision will be.1) I’m shocked at how fair and balanced Forbes was in that article.
2) The officers involved here are lying scumbags who should be sued (thanks QI) for violating someone’s civil rights.
3) Yet another example of why you don’t invite the police into your life.
“When every interaction with police or request for help can become an invitation for police to invade the home, the willingness of individuals to seek assistance when it is most needed will suffer.”
1) I’m shocked at how fair and balanced Forbes was in that article.
2) The officers involved here are lying scumbags who should be sued (thanks QI) for violating someone’s civil rights.
3) Yet another example of why you don’t invite the police into your life.
“When every interaction with police or request for help can become an invitation for police to invade the home, the willingness of individuals to seek assistance when it is most needed will suffer.”
That Richer VS Parmelee was me. I'm having to live vicariously through Ed as my case had statute of limitation hurdles to jump and the RIACLU thought Ed's case stood a better chance at the SCOTUS. Ed's kept in touch with me but there's isn't anything to report. My (our) lawyer, Tom Lyons has kept me up to speed as well on the case but I have not heard from him following the hearing on the 24th.Here are the three other similar cases brought by the RI ACLU:
- 06/12 - Machado v. City of Cranston – Dismissed w/prejudice Cranston paid up
- 04/15 - Richer v. Parmelee (North Smithfield) - Discovery through Sept 17 (1:15-cv-00162-M-PAS)
- 12/15 - Caniglia v. Strom – (Cranston) – Discovery through Sept 17 (1:15-cv-00525-M-LDA)
Enjoy!
At best, this'll help:That Richer VS Parmelee was me. ...
If anyone can help me log back on under "JayR" I'd appreciate the help...
I had to call 911 for medical reasons years ago. Cop showed up just before ambulance and went right upstairs while I was on the floor in my living room. A relative was here seconds later as they loaded me up. I told my relative to get the cop the fvck out of my house.1) I’m shocked at how fair and balanced Forbes was in that article.
2) The officers involved here are lying scumbags who should be sued (thanks QI) for violating someone’s civil rights.
3) Yet another example of why you don’t invite the police into your life.
“When every interaction with police or request for help can become an invitation for police to invade the home, the willingness of individuals to seek assistance when it is most needed will suffer.”
Caniglia is getting a lot of attention from court watchers. It's likely to be one of the term's more important and talked about cases.That Richer VS Parmelee was me. I'm having to live vicariously through Ed as my case had statute of limitation hurdles to jump and the RIACLU thought Ed's case stood a better chance at the SCOTUS. Ed's kept in touch with me but there's isn't anything to report. My (our) lawyer, Tom Lyons has kept me up to speed as well on the case but I have not heard from him following the hearing on the 24th.
If anyone can help me log back on under "JayR" I'd appreciate the help...
The concept of police being "Community Caretakers" is very scary.Caniglia is getting a lot of attention from court watchers. It's likely to be one of the term's more important and talked about cases.
I don't know where they'd get that idea...The concept of police being "Community Caretakers" is very scary.