Second and Fourth Amendment Considerations in Warrantless Seizure and Seizure and Retention of Firearms during a Mental Health Crisis

Journal of the American Academy of Psychiatry and the Law

article

Takeo Toyoshima¹  John Chamberlain¹ 

[1] Institute of Psychiatry, Law, and Behavioral Science Department of Psychiatry and Behavioral Science University of Southern California Los Angeles

关键词: warrantless seizure;    firearms;    mental health crisis;    Fourth Amendment;   

DOI  :  10.29158/JAAPL.210002L1-21

学科分类：儿科学

来源: American Academy of Psychiatry The Law

【 摘 要 】

warrantless seizurefirearmsmental health crisisFourth AmendmentIn a Mental Health Crisis, Warrantless Seizure and Retention of Firearms Do Not Impermissibly Violate Constitutional RightsIn Rodriguez v. City of San Jose, 930 F.3d 1123 (9th Cir. 2019), police officers seized firearms without a warrant after detaining an individual for a mental health evaluation at the request of his wife. The City of San Jose subsequently retained these firearms on public safety grounds, pursuant to state law despite the wife's petition for their return. After judgments against her in state trial and appellate courts, the wife sued in federal district court (and later appealed) on Second, Fourth, Fifth, and Fourteenth Amendment and state law grounds. The U.S. Court of Appeals for the Ninth Circuit entered summary judgment in favor of the City of San Jose.

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