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Biden admin calls on SCOTUS to let police enter homes, confiscate guns without a warrant

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On Wednesday, the U.S. Supreme Court will hear oral arguments in a case about whether law enforcement officers can enter people’s home and confiscate guns without a warrant, Forbes reported.

This comes in the wake of two mass shootings in the past eight days that have renewed the gun control debate, which has been relatively dormant throughout the coronavirus pandemic.

RELATED: Report: Boulder shooter was ‘previously known’ to the FBI

Caniglia v. Strom, Forbes senior contributor Nick Sibilla wrote, is a case that could have wide-ranging consequences for policing, due process, mental health, as well as the Fourth Amendment. Notably, as part of the case, the Biden administration and attorneys general from nine states are calling on the court to uphold warrantless gun confiscation.

The case all started with an elderly couple’s dispute over a coffee mug in August 2015.

To summarize the story, an argument led to the husband—Edward Caniglia—grabbing a handgun, putting it on the kitchen table, and telling his wife Kim: “Why don’t you just shoot me and get me out of my misery?” This led to more arguing and eventually to Mrs. Caniglia spending the night in a motel. She phoned her home the next day but got no answer, which prompted her to call the police in Cranston, Rhode Island and ask them to conduct a “well check” on her husband and to escort her home.

The police, however, did not conduct the check according to the books. They then insisted that Mr. Caniglia go to the hospital for an evaluation, though Mr. Caniglia refused, emphasizing that his mental health wasn’t their business. Mr. Caniglia agreed only after police promised—albeit falsely—they would not confiscate his guns while he was away.

Furthermore, officers then told Mrs. Caniglia that her husband had consented to the seizure, and she led them to the two handguns they owned, which were then seized. Despite Mr. Caniglia being immediately discharged from the hospital, police only gave back the firearms after he filed a civil rights case against them.

Significantly, when police confiscated the handguns, they did not allege it was to prevent imminent danger. Rather, they argued their actions were a manner of “community caretaking,” a slim exception to the warrant requirement in the Fourth Amendment of the Constitution.

As Sibilla explained, the community caretaking exception was initially created by the Supreme Court about half a century ago and was designed for cases involving impounded cars and highway safety, because police are often called to car accidents to remove nuisances like inoperable vehicles on public roads.

Both a district and appellate court upheld the confiscations as “reasonable” under the community caretaking exception. The First Circuit U.S. Court of Appeals acknowledged that “the doctrine’s reach outside the motor vehicle context is ill-defined.” Regardless, the court moved to extend that doctrine to cover private homes, ruling that the officers “did not exceed the proper province of their community caretaking responsibilities.”

Moreover, the court mentioned that a police officer “must act as a master of all emergencies, who is ‘expected to…provide an infinite variety of services to preserve and protect community safety.’” By allowing law enforcement to act without a warrant, the community caretaking exception is “designed to give police elbow room to take appropriate action,” the court added.

Attorneys for Caniglia in their opening brief for the Supreme Court argued that “extending the community caretaking exception to homes would be anathema to the Fourth Amendment” because it “would grant police a blank check to intrude upon the home.”

On the other hand, the Biden administration in its first amicus brief for the Supreme Court disregarded these worries and urged the court to uphold the First Circuit’s ruling. Saying “the ultimate touchstone of the Fourth Amendment is ‘reasonableness,’” the Department of Justice (DOJ) contended that warrants should not be “presumptively required when a government official’s action is objectively grounded in a non-investigatory public interest, such as health or safety.”

“The ultimate question in this case,” its brief stated, “is therefore not whether the respondent officers’ actions fit within some narrow warrant exception […] but instead whether those actions were reasonable,” actions the DOJ felt were “justified” in Caniglia’s case.

Want to learn more about this story? Then read the full original Forbes story here.

You can follow Douglas Braff on Twitter @Douglas_P_Braff.

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NASA’s OSIRIS-REx Returns After 7-Year Journey with Asteroid Samples

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After a remarkable seven-year voyage spanning nearly 4 billion miles in space, NASA’s OSIRIS-REx spacecraft is set to make its triumphant return to Earth on Sunday. OSIRIS-REx, an acronym for Origins, Spectral Interpretation, Resource Identification, and Security-Regolith Explorer, was launched in 2016 on a groundbreaking mission to collect material from an asteroid in space.

The capsule, holding a precious cargo of nearly 9 ounces of rocks, dust, and dirt gathered from the asteroid Bennu, will detach from the OSIRIS-REx spacecraft before making an anticipated landing inside the Defense Department’s Utah Test and Training Range. According to reports from Fox News, teams from NASA and Lockheed Martin, the vehicle’s builder, will eagerly await its arrival.

Describing the precision required for this endeavor, OSIRIS-REx Deputy Project Manager Michael Moreau likened it to a challenging game of accuracy, stating, “It’s like putting a dart board at one end of a basketball court and throwing the dart from the other end and getting a bull’s-eye.”

This years-long mission holds significant scientific importance. It will aid researchers in investigating the formation of planets, shed light on the origins of life, and enhance NASA’s understanding of asteroids that could pose potential threats to Earth.

Furthermore, the collected sample is expected to offer “generations of scientists a window into the time when the Sun and planets were forming about 4.5 billion years ago,” according to NASA.

Moreover, the mission could contribute crucial information to Earth’s defense against a potential collision with Bennu, an asteroid roughly the size of the Empire State Building. NASA estimates a 1-in-2,700 chance of Bennu impacting Earth in the latter half of the 2100s.

The journey leading up to this momentous return has been a long and meticulous one. OSIRIS-REx arrived at Bennu in 2018 and spent two years closely orbiting the asteroid, gathering vital data.

In 2020, the spacecraft made history with a successful landing on Bennu’s surface, collecting a “touch and go” sample in under a minute. Despite an initial setback due to a jammed door that led to the loss of some space dust, the sample collected still surpasses the mission’s requirement of two ounces.

Once the capsule safely touches down in the Utah desert, a dedicated NASA team will transport the precious material to a meticulously clean environment. Subsequently, the Bennu samples will find their way to NASA’s Johnson Space Center in Houston.

Approximately 70% of the asteroid material will be preserved for future research endeavors, allowing scientists worldwide to delve into its mysteries. Additionally, a portion of the sample will be shared with the Japanese Space Exploration Agency as part of an exchange for samples collected by Japan’s Hayabusa spacecraft.

Looking ahead, OSIRIS-REx is set to continue its mission by studying another asteroid named Apophis, named after a demon serpent in ancient Egyptian mythology, symbolizing evil and chaos. This ambitious mission marks another chapter in humanity’s ongoing exploration of our solar system and beyond.

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