Congressional Digest

Supreme Court Debates April 2021 No. 4 Vol. 24
Robert F. Strom et al., Respondents

Warrantless Home Searches

The “Community Caretaking” Exception to the Fourth Amendment

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Robert F. Strom et al., Respondents

Marc DeSisto, Counsel of Record

The Fourth Amendment to the U.S. Constitution guarantees “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures” conducted without warrants supported by probable cause. The Supreme Court has found certain exceptions to the Fourth Amendment protections, however, such as the ability of police to conduct “community caretaking” searches that are not part of criminal investigations. In March 2020, the 1st Circuit U.S. Court of Appeals applied that exception to a police search of a home in Cranston, R.I., after law enforcement had accompanied the house’s owner, Edward A. Caniglia, to a hospital for psychiatric evaluation. …

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