7th U.S. Circuit Court Says: ‘It’s Legal For Police To Kick In Your Door And Take Your Guns’
By Bruce Vielmetti
Milwaukee police who forced their way into a gun rights advocate’s home without a warrant, took her for an emergency mental evaluation and seized her gun were justified under the circumstances and protected from her civil rights claims, a federal appeals court has ruled.
Krysta Sutterfield, who twice made news because of her practice of openly carrying a handgun — at a Brookfield church and outside a Sherman Park coffee shop — drew police attention in 2011 after her psychiatrist reported a suicidal remark Sutterfield made during an appointment (She casually remarked that she “might as well go home and blow her brains out”).
Sutterfield, 45, claimed police violated her rights against unreasonable search and seizure and Second Amendment rights to keep a gun, but a district judge dismissed the case.
The 7th U.S. Circuit Court of Appeals, in a 75-page opinion analyzing existing law about when police may act without search warrants, upheld the decision but suggested there might be better ways to balance personal privacy rights in the context of emergency mental health evaluations.
7th U.S. Circuit Court says: ‘It’s legal for police to kick in your door and take your guns’ [continued]
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