I did some more searching and found this Forbes article on the case and the arguments.
Justice Sotomayor's comments seem to strike to the heart of the issue.
She is also quoted as saying the police did not attempt “...to secure consent from the wife ...”
"Yet during oral argument on Wednesday, the justices were more focused on crafting abstract hypotheticals than analyzing the case’s actual facts, a point not lost on Justice Sonia Sotomayor. “I think what everyone has forgotten here is that, at least in this situation, there was no immediate danger to the person threatening suicide and no immediate danger to the wife because the suicide person was removed to a hospital,” the justice noted.
Nevertheless, police “decided on their own to go in and seize the gun.” Sotomayor also wondered if the officers could “have gone into the house and taken not just the gun but any bat, knife, anything else that in their judgment this man could have used to commit suicide?”
As she recounted, the case involved not one, but two, types of seizures: forcing Edward to go to the hospital and then taking his guns. When police “removed this gentleman and [took] him to the hospital,” Sotomayor explained, “that’s a seizure, because they had reason to believe that he was threatening suicide.” In Sotomayor’s view, that was “very much an exigent circumstance,” i.e. an emergency situation long exempt from the Fourth Amendment's warrant requirement.
But Sotomayor was less sympathetic toward the officers’ second seizure. “Missing here,” she noted, “is the next step, which is going into the home without attempting to secure consent from the wife and seizing the gun and then keeping it indefinitely until a lawsuit is filed.”
Her comments hinted at a way for the Supreme Court to still allow police to perform wellness checks (which were repeatedly raised during oral argument) when there isn’t time to get a warrant, but without giving officials broad authority to break into homes and conduct warrantless seizures. “When we permit police to search and seize without some standard, we run the risk of situations like this one repeating themselves,” Sotomayor remarked."
Here's a link to the entire article
https://apple.news/A81BgwalJTSaKadONiHEtOw
