Community Caretaking Exception Saves Lives . . . the Supreme Court Disagrees

Authors

Gabriella Lorenzo, Touro Law Center

Abstract

As many are aware, the Fourth Amendment protects the people against unreasonable searches and seizures. A warrant is necessary for said activities. While there are a few exceptions to the warrant requirement, the Supreme Court recently held that the community caretaking exception does not extend to the home. Extending this exception to the home would allow police officers to enter and engage in functions that are unrelated to the investigation of a crime. Essentially, this exception would allow police to aid individuals and prevent serious, dangerous situations to protect the community. This Note discusses why the Supreme Court erred in its decision to deny the extension of the community caretaking exception to the home. Further, it argues how denying the extension of this exception to the home could prevent police from being able to intervene and help individuals in need in situations that do not rise to the criteria of an “emergency” which would fall under the exigent circumstances exception.

Recommended Citation

Lorenzo, Gabriella (2024) "Community Caretaking Exception Saves Lives . . . the Supreme Court Disagrees," Touro Law Review: Vol. 39: No. 1, Article 10.
Available at: https://digitalcommons.tourolaw.edu/lawreview/vol39/iss1/10