Tag Archives: Search Warrant
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SCOTUS Opinion: “Community Caretaking Exception” To The Fourth Amendment Blocked From The Home
In Caniglia v. Strom, after Edward Caniglia agreed to submit to a psychiatric evaluation and was taken by ambulance to the hospital, officers searched his home and seized his firearms without a search warrant. Caniglia sued, but the district court and the First Circuit rejected his suit under the “community caretaking exception” to the warrant requirement of the Fourth Amendment, ... Read More
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Police Cannot Search Vehicle Within Curtilage Of A Home Without A Search Warrant
The Fourth Amendment has long required that any police officer entering the curtilage of a home to have a search warrant. However, the Fourth Amendment also has an “automobile exception,” permitting warrantless searches of vehicles due to their ready mobility. In Collins v. Virginia, a police officer entered the curtilage of a home (its driveway) without a warrant to ... Read More