http://www.davekopel.org/2A/LawRev/ameri...ntrol.html
The most important lesson for today from the Revolution is about militaristic or violent search and seizure in the name of disarmament. As Hurricane Katrina bore down on Louisiana, police officers in St. Charles Parish confiscated firearms from people who were attempting to flee. After the hurricane passed, officers went house to house in New Orleans, breaking into homes and confiscating firearms at gunpoint. The firearms seizures were flagrantly illegal under existing state law. A federal district judge soon issued an order against the confiscation, ordering the return of the seized guns.
When there is genuine evidence of potential danger—such as evidence that guns are in the possession of a violent gang—then the Fourth Amendment properly allows no-knock raids, flash-bang grenades, and similar violent tactics to carry out a search. Conversely, if there is no real evidence of danger—for example, if it is believed that a person who has no record of violence owns guns but has not registered them properly—then militaristically violent enforcement of a search warrant should never be allowed. Gun ownership simpliciter ought never to be a pretext for government violence. The Americans in 1775 fought a war because the king did not agree.
The most important lesson for today from the Revolution is about militaristic or violent search and seizure in the name of disarmament. As Hurricane Katrina bore down on Louisiana, police officers in St. Charles Parish confiscated firearms from people who were attempting to flee. After the hurricane passed, officers went house to house in New Orleans, breaking into homes and confiscating firearms at gunpoint. The firearms seizures were flagrantly illegal under existing state law. A federal district judge soon issued an order against the confiscation, ordering the return of the seized guns.
When there is genuine evidence of potential danger—such as evidence that guns are in the possession of a violent gang—then the Fourth Amendment properly allows no-knock raids, flash-bang grenades, and similar violent tactics to carry out a search. Conversely, if there is no real evidence of danger—for example, if it is believed that a person who has no record of violence owns guns but has not registered them properly—then militaristically violent enforcement of a search warrant should never be allowed. Gun ownership simpliciter ought never to be a pretext for government violence. The Americans in 1775 fought a war because the king did not agree.