CA10: Not clearly established that confiscating weapons from a potential suicide even after he was removed to the hospital was unreasonable

It was not clearly established that confiscating weapons from a potential suicide even after he was removed to the hospital was unreasonable in 2010. Arden v. McIntosh, 2015 U.S. App. LEXIS 12725 (10th Cir. July 23, 2015):

Accordingly, we examine the state of the law in August 2010 to determine whether it was clearly established that in serving a community caretaking function, a police officer was prohibited from removing firearms from the home of the suicidal homeowner. Deputy Bondell was faced with the following circumstances: a 911 emergency call reported a suicidal party/drug overdose; she arrived to find Mr. Arden in his bedroom, incoherent and unresponsive to the point of needing help to walk to the ambulance, so he could be taken to the hospital where he was placed on a mental health hold; she observed several firearms in plain sight, some in Mr. Arden’s bedroom within his reach; and she was aware that Mr. Arden had attempted suicide just ten days earlier. We have found no authority clearly establishing that firearms may not constitutionally be removed from a residence under these circumstances.