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COMMUNITY CARETAKING

Caniglia v. Strom

Issues

Does the “community caretaking” exception to the Fourth Amendment’s warrant requirement apply to searches of the home? 

This case asks the United States Supreme Court to determine whether the “community caretaking” exception to the Fourth Amendment’s warrant requirement extends to the home. The community caretaking exception allows for the warrantless seizure of evidence that police find while fulfilling their community caretaker role, which is unrelated to the “detection, investigation, or acquisition of evidence” of criminal activity. Petitioner Edward Caniglia argues that this exception applies only to vehicular searches and seizures, given that the Fourth Amendment affords significantly greater protection to the home over automobiles. Respondents, including the City of Cranston, the police department, and city officials, counter that the community caretaking doctrine applies to the home based on the Fourth Amendment’s reasonableness analysis, which permits warrantless searches and seizures when community safety interests outweigh privacy interests. The outcome of this case will affect the balance between privacy concerns and public safety concerns. The outcome will also affect police incentives in exercising their role as community caretakers.

Questions as Framed for the Court by the Parties

Whether the “community caretaking” exception to the Fourth Amendment’s warrant requirement extends to the home.

On August 20, 2015, Petitioner Edward A. Caniglia (“Caniglia”) was at home with his wife, Kim Caniglia (“Mrs. Caniglia”), at their residence in Cranston, Rhode Island. Caniglia v. Strom at 118–19.

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Acknowledgments

The authors would like to thank Professor John H. Blume for his guidance and insights into this case.

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