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Second and Fourth Amendment Issues Raised in Rodriguez Vs. San Jose Amicus Briefs

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In the case of Lori Rodriguez, ET AL., Petitioners, vs City Of San Jose, Calfornia, ET AL., Respondents, an action was brought by a husband and wife to the district court regarding civil rights violations. According to the Plaintiffs, the husband was detained for a mental health evaluation in response to a 911 call. In addition, police seized firearms from the residence.

After considering for a Second Amendment violation, the California Court of Appeal rejected the argument. It was also ruled that the warrantless seizure of firearms did not violate the Fourth Amendment of the U.S. Constitution because there were probable cause to detain the individual for mental health reasons and public urgency.

Details surrounding amicus curiae in this Court

Issues involving the Second Amendment and Fourth Amendment of the U.S. Constitution were addressed in amicus briefs. An amicus curiae is not a party to the case but assists in offering valuable information that may not be brought forth by the parties in the case.

The U.S. Supreme Court Ruled (pursuant to subparagraph 2(b) of Rule 37) that the following organizations move the Court for leave to file an amicus curiae brief in support of the petition for certiorari:

  • Gun Owners of California, Inc.
  • Gun Owners of America, Inc.
  • Gun Owners Foundation
  • Heller Foundation
  • Conservative Legal Defense and Education Fund

This brief was filed within 30 days after the case was placed on the docket or a response was called for by the Court, pursuant to Rule 37(2).

The petition was docketed on February 21, 2020, but the Respondent didn't file a response or waiver of the right to file a response. This amicus brief was filed May 20, 2020 — 30 days after the date on which the Court requested a response from Respondents. This is within 30 days after the date on which the Court requested a response from Respondents, which is now due June 22, 2020.

Amici Curiae offering support

Below are the Amici Curiae who have offered support in the motion. These are parties not involved in the case, but have filed amicus briefs to this Court:

  • Gun Owners of California, Inc. (7 amicus briefs) — a not-for-profit corporation organized under the law of California. This corporation is not subject to federal income taxation under Internal Revenue Code section 501(c)(4).
  • Gun Owners of America, Inc. — a not-for-profit corporation organized under the law of California. This corporation is not subject to federal income taxation under Internal Revenue Code section 501(c)(4). It has filed 76 amicus briefs in this Court.
  • Gun Owners Foundation — a not-for-profit corporation organized under the law of Virginia. This corporation is not subject to federal income taxation under Internal Revenue Code section 501(c)(3). It has filed 81 amicus briefs in this Court.
  • The Heller Foundation — a not-for-profit corporation organized under the law of Virginia. This corporation is not subject to federal income taxation under Internal Revenue Code section 501(c)(3). It was founded by Dick Heller, plaintiff in District of Columbia v. Heller, 554 U.S. 570 (2008). It has filed 11 amicus briefs in this Court.
  • Conservative Legal Defense and Education Fund — a not-for-profit corporation organized under the District of Columbia Law. This corporation is not subject to federal income taxation under the Internal Revenue Code section 501(c)(3). It has filed 114 amicus briefs in this Court.

Constitutional issues raised in this Court

There are two constitutional issues raised by this case:

  • Second Amendment issue raised: The refusal of San Jose to return firearms seized by agents from a residence without a warrant. This action is in clear violation of the Fourth Amendment. Two questions (No. 2 and 3) presented by the Court by Petitioner (in the Petition for Writ of Certiorari) involved the Second Amendment. The issue was rejected by the U.S. Court of Appeals for the Ninth Circuit.
  • Fourth Amendment issue raised: The amici in this case have urged the Court to return to the text of the Fourth Amendment, including their amicus brief in United States v. Antonio Jones.

To read the full amicus brief, click here.

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