Legal Update July/August 2021
Larry E. Holtz, Esq. Community Caretaking and Home Entries In Caniglia v. Strom (US 5-17-21), the United States Supreme Court recently addressed the question of whether law enforcement’s community caretaking duties create a stand-alone doctrine which justifies warrantless searches and seizures in the home. The answer, according to the Court, is NO! Here, the Court refused to recognize the “community caretaking” rule as a “freestanding” Fourth Amendment category. During an argument with his wife, Edward Caniglia placed a handgun on…
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