Ep. #269: Can you enter a home that door is wide open given there is NO any suspicious activity?

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3 years ago
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📌 Warrantless Entry for an Emergency
You may make a warrantless home entry if you have an objective reasonable basis for believing that an occupant requires emergency assistance, Michigan v. Fisher, 558 U.S. 45 (2009). or an occupant is threatened with imminent injury. Remember, the scope of your entry is limited and you must leave, if demanded, once the emergency is over.

📌 Case Example
Warrantless entry into home and seizing a domestic violence suspect’s guns is not permitted under community caretaking

“Decades ago, this Court held that a warrantless search of an impounded vehicle for an unsecured firearm did not violate the Fourth Amendment; (Cady v. Dombrowski). In reaching this conclusion, the Court observed that police officers who patrol the “public highways” are often called to discharge noncriminal “community caretaking functions,” such as responding to disabled vehicles or investigating accidents. Id.,. The question today is whether Cady's acknowledgment of these ‘caretaking’ duties creates a standalone doctrine that justifies warrantless searches and seizures in the home. It does not.” Caniglia v. Strom, 141 S. Ct. 1596, 1598 (2021).

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