'We're From The Government And We Are Here To Protect You' - US Court of Appeals Clears Way For Gun Confiscation

The 7th Circuit Court of Appeals ruled that police can enter your home without a warrant, search it, and confiscate any weapons they find, as long as they claim they have your best interest at heart.

In the case of Krysta Sutterfield vs. City of Milwaukee, et al., the judges ruled:

"The intrusions upon Sutterfield's privacy were profound," Judge Ilana Rovner wrote for three-judge panel.

"At the core of the privacy protected by the Fourth Amendment is the right to be let alone in one's home."

But the court also found, that on the other hand, "There is no suggestion that (police) acted for any reason other than to protect Sutterfield from harm."

"Even if the officers did exceed constitutional boundaries," the court document states, "they are protected by qualified immunity."

While there may be circumstances in which police officers must act in order to protect a person's life, this ruling is vague enough that it opens the door for warrantless searches and gun confiscation by any law enforcement authority who simply states they are acting to protect the individual.

The Journal Sentinel has more background on this case. Interestingly, a person claiming to be Sutterfield is posting in comments with her side. It is worth a read.

(Hat Tip: DC Clothesline via IHateTheMedia)

Posted by: DMartyr at 07:34 PM

Comments

1 We have to start taking back the courts and whether some libertarians like it or not, it starts with getting the Senate back in Republican hands for now, then getting a conservative elected President in 2016. This is one of those consequences that few think about when they throw up their hands and say both sides are horrible. At least with the GOP in control we can keep liberal freak judges off the bench and stop their twisting and strangling of the Constitution....

Posted by: Frustrated Teacher at May 20, 2014 08:15 PM

2 "We're here to protect you...!" Right before the SWAT brigade guns down your entire family and burns your home to the ground.

The important thing is that every COP goes home safe. Kill and beat as many innocent civilians as it takes.

Posted by: Kuffar at May 21, 2014 08:23 AM

3 This is a difficult case, and it is indeed fraught with peril for both our safety and our freedoms.

We have had instances of crazy people getting hold of guns and shooting themselves or others. This has happened even when the family has done their best to get help. Something about that situation has to change.

In states with active legislatures, the laws will not be directed to people who are actually dangerous, or show signs of dangerousness, but toward anybody who might potentially become dangerous (that is, every last one of us.)

Posted by: Valerie at May 21, 2014 08:43 AM

4 Remember and record these judges so that when the Constitution is restored they will not only lose their jobs but face prosecution and prison for willful negligence and breaking their oath to protect and use the fundamental law of America which is the Constitution.

The 'revolution' clock ticks closer to midnight faster and faster.

Posted by: grendelfarm at May 21, 2014 08:50 AM

5 Quis custodiet ipsos custodes?

Posted by: grendelfarm at May 21, 2014 09:29 AM

6 This situation of protecting people from themselves isn't what frightens me. What frightens me is that it was done unilaterally by the police without consultation or the limitations from any judge.

I recognize that a court can set aside rights if a person is not mentally stable. But it should be a matter of public record, not some anonymous police officer determining that a person is a danger to herself or others.

Posted by: Gork at May 21, 2014 10:20 AM

7 Gork - What it comes down to is the police now have the power to beat you, sexually assault you, your wife daughter and son if they want to. They can shoot your dog, steal your money, and if you or anyone resists, they can kill you. They can gin up any story or concoct any lies after the fact to cover their scummy asses and the chief of police and the judges will turn a blind eye.

Don't let cops in your house for any reason unless they have a warrant and if they do contact an attourney that you trust and make sure they are on sight before the search if possible or during if not possible.

Cops are mostly good folks but there are enough scumbags around that you don't take chances.

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