You know, I live in the country and I have no concerns about anyone bothering me. But, let me ask you this....... What would happen if the police were called to your house after you and your wife had been drinking? So, the dogs were barking and the neighbors called. So, the cops arrive and realize that you have been drinking. Are you a threat to yourself and others? Would that qualify you for the Red Flag Laws? Would they take your guns?
Excellent question;
Short answer = NO
As currently written, all RFL are unconstitutional
America is free ( for a little while longer ) and being Free ( or proclaiming to ) does not ensure Safety.
Freedom & Safety do not go together all the time.
LEOs ( for the most part ) hate refereeing domestics.
1) NO, no property or firearms are automatically seized / taken.
2) If the Leo~s at the scene determine one or both of the parties have committed assault / battery then either or both should be arrested and removed. By being arrested will bring attention to the affected party~ ies behavior and will be handled by going thru the ,,, System.
3) If the Leo~s on the scene determine the reason the dogs were barking is because their supper was dropped on the floor, alcohol present or not, with no other obvious concerns, case closed.
4) The removal of property requires a Search Warrant and without a warrant is a violation of the 4th & 14th amendment.
Further & expanded info for the 4th is included below, bottom.
“If you want total security, go to prison. There you're fed, clothed, given medical care and so on. The only thing lacking... is freedom. ”
― Dwight D. Eisenhower
F W I W
4th amendment
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.
5th amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
6th amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
7th amendment
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
$20 in 1791 → $521.53 in 2017
https://www.officialdata.org/1791-dollars-in-2017?amount=20
8th amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
9th amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
10th amendment ( States Rights ) ( Fed infringement )
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
14th amendment
Section 1
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
A careful review of the 4th Amendment tells us everything we need to know.
- The right against unreasonable searches and seizures SHALL NOT BE INFRINGED.
The 2nd Amendment is NOT the only provision that contains these words. The government has been infringing upon the 2nd Amendment for decades, so why are we surprised that the 4th Amendment would get the same government application?
- Only REASONABLE searches and seizures are allowed and are defined within the 4thAmendment:
- With a WARRANT;
- Based upon PROBABLE CAUSE;
- Subject to DUE PROCESS REVIEW (oath or affirmation);
- Particularly describing the PLACE to be search, AND
- Particularly describing the PERSONS or THINGS to be seized.
There is clearly a 5 prong requirement as indicated by the word “AND”. You cannot have 4 out of 5 or 3 out of 5 and still have a reasonable search and seizure.
I challenge anyone to find within this language any other exception other than the 5 prong test. You can’t, because every exception that doesn’t exist within the 4th Amendment itself, is an exception created BY THE GOVERNMENT for the purpose of AIDING THE GOVERNMENT in their unreasonable searches and seizures.
There is no language in the 4th Amendment that says;
“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,
UNLESS it is a matter of national security or the government has a compelling interest in safety or security to do otherwise.”
Yet, that is what our judges consistently do, being either illiterate or ignorant to the TRUE MEANING and APPLICATION of the 4th Amendment.
The 4th Amendment WAS NOT designed as a tool to be used by the GOVERNMENT to keep its people safe. It was a WARNING to the PEOPLE that if the government engages in ANY SEARCH AND SEIZURE outside these bounds, you have an EVIL AND OPPRESSIVE government.
https://www.krisannehall.com/index....xceptions-to-the-4th-amendment-where-are-they