“COMMUNITY CARETAKER” EXCEPTION TO THE FOURTH AMENDMENT

The United States Supreme Court this morning in the case of Case v. Montana (No. 24-624) reaffirmed the “community caretaker” exception to the requirement of a warrant under the Fourth Amendment for entry into a home.  Justice Jackson wrote for the majority.

Case’s ex-girlfriend (emphasis on "ex") Called 911 to advise that Case was in his home and was suicidal. After pounding on the outside of the residence, the police forced entry, found Mr. Case hiding in his closet and shot him.  Case survived and, while he was at the hospital, the police found a handgun in the vicinity of where Case was shot.  Case was charged with assaulting a police officer.

The “community care” exception to the Fourth Amendment warrant requirement is already established. Brigham City v. Stuart, 547 U. S. 398 (2006) provided that officers could make a warrantless entry into a home to render emergency aid when they have “an objectively reasonable basis for believing that an occupant is seriously injured or imminently threatened with such injury.” (Id. at 400, emphasis added.)  The Supreme Court in Case held that the standard for the caretaker exception did not require actual probable cause which it found was a higher standard than “an objectively reasonable basis.”

In a time of Increasing criticism of police use of force and pretexts for the use of force, one wonders why the Supreme Court took this opportunity to reinforce or perhaps expand the basis for intrusion into a person's home. Perhaps the court felt this was the time to clarify that there is lower standard to allow police to act without a warrant, but it seems a bit tone deaf under the current circumstances.