Opinion analysis ByLenese Herbert on May 17, 2021 at 4:20 pm
Update (May 18, 8:15 p.m.): This article has been expanded with additional analysis.
On Monday, the Supreme Court released its opinion in Caniglia v. Strom, which unanimously held that a lower courts extension of Cady v. Dombrowskis community caretaking exception into the home defied the logic and holding of Cady, as well as violated the Fourth Amendments warrant requirement. With the courts unanimity in Caniglia, the home remains the most sacred space under the Fourth Amendment; its sanctity literally houses its privilege. Sans warrant, exigency or consent, governmental search and seizure within it is unconstitutional.
During an August 2015 argument with his wife, Edward Caniglia offered her one of his unloaded guns and requested that she put him out of his misery. Instead, she threatened to call 911. After the couples argument continued, she left the marital home to overnight at a hotel. When she returned the next day, she enlisted Cranston, Rhode Islands police department to perform a wellness check on her husband. They did. They also arranged transportation for Edward to obtain a psychiatric evaluation at a local hospital. He agreed to go, but only after officers purportedly agreed not to confiscate his weapons. However, as soon as he left, officers apparently by deceiving his wife entered the Caniglia home and seized Caniglias handguns and ammunition. Caniglia sued, alleging that the officers violated his Fourth Amendment rights. The U.S. Court of Appeals for the 1st Circuit sided with the officers by relying on Cady, a 1973 decision that upheld the warrantless caretaking search of a car that had been in an accident.
The courts opinion, written by Justice Clarence Thomas, was devoid of the fearsome, compelling specter raised in the briefing and during argument regarding the potential for troubling eventualities for instance, that Caniglia may have harmed himself or his wife (or, perhaps, other innocent/intervening victims). A pithy four pages long, the opinion was unanimous and unambiguous: If police do not have the homeowners consent, an exigent circumstance, or a judicial warrant authorizing a search, then no version of Cadys car exception applies to police entry into the home under the Fourth Amendment. What is reasonable for vehicles is different from what is reasonable for homes, Thomas wrote.
As always with realty and, per Caniglia, the courts Fourth Amendment jurisprudence location matters. Specifically, the location of Cadys warrantless search and seizure a post-accident, routine search of an intoxicated, off-duty officers damaged and impounded car simply cannot compare to a search of and seizure within a home. Governmental searches of vehicles regularly occur via exceptions to the Fourth Amendments warrant requirement; a myriad of decisions have constitutionalized warrantless searches of vehicles, their compartments, their containers and even their occupants. Not one of these warrantless exceptions is available for the home.
Accordingly, caretaking under Cady is not carte blanche for police to search or seize within the home, nor do their caretaking duties create a standalone doctrine that justifies warrantless searches and seizures in the home, Thomas wrote. Cady, itself, he noted, drew an unmistakable distinction between vehicles and homes, constitutionally embedding the exception outside the home.
That police may engage in a myriad of civic community caretaking functions did not move the court off its jurisprudential bright line. Certainly, such functions give texture to the modern, sometimes complex, role of policing. They do not, however, supplant the constitutional sanctity of the home. Accordingly, the Caniglia court declined the opportunity to expand Cadys community caretaking exception and permit warrantless entry into the home.
The court vacated the 1st Circuits judgment and sent the case back to the lower court for further proceedings consistent with the opinion.
Notwithstanding the courts unanimous decision, there were three concurring opinions. Though ranging in length (from one paragraph to longer than the courts opinion), they, too, evidenced unanimity, given that each identified the jurisprudential play in what defines an emergency or exigent circumstances.
In a single concurring paragraph, Chief Justice John Roberts, joined by Justice Stephen Breyer, noted that the Fourth Amendment does not prohibit warrantless entries when there is a need to assist persons who are seriously injured or threatened with such injury. Warrantless entries into the home are justified where there is an objectively reasonable basis for believing that medical assistance was needed, or persons were in danger.
Similarly, Justice Samuel Alitos concurrence seemed to redefine determinative concepts. First, it minimized community caretaking as a Fourth Amendment category, stating that there is no overarching community caretaking doctrine nor a special Fourth Amendment rule for a broad category of cases involving community caretaking. Hmmm.
Perhaps given the Caniglia courts unambiguous limitation of the community caretaking exception to cars, Alito saw the fruitlessness of further beating a dead horse (or rescuing a treed cat?). Whatever the reason, his concurrence warned the court that it should not assume that the Fourth Amendments command of reasonableness applies in the same way to everything that might be viewed as falling into this broad category of cases (which, apparently and per his concurrence, does not even exist). What does seem to exist are searches and seizures conducted for non-law-enforcement purposes. Alito cites as examples states suicide prevention and red flag laws, which allow police to enter a home and seize weapons to be used for the purpose of suicide or inflicting harm on innocent persons. Strangely, Alito criticized Caniglia for not taking on these laws before the court, yet praised the court for not engaging or deciding the constitutionality of these laws pursuant to the restrictions of the Fourth Amendment, which may or may not be appropriate for use. But, if Caniglia failed to properly raise these and a unanimous Court failed to mention them at all, why did Alitos concurrence see fit to address them at length?
But it is Justice Brett Kavanaughs concurrence now that Caniglia expressly limits the community caretaking exception to cars that plainly portends what the other concurrences make cryptic (Roberts, joined by Breyer) or confusing (Alito):
[T]he Courts exigency precedents, as I read them, permit warrantless entries when police officers have an objectively reasonable basis to believe that there is a current, ongoing crisis for which it is reasonable to act now If someone is at risk of serious harm and it is reasonable for officers to intervene now, that is enough for the officers to enter.
Again: this is not what Caniglia, or any other court decision, has ever held. Yet, per Kavanaughs concurrence, the court, going forward, is now perfectly poised to redefine the exigent circumstances doctrine as applied to emergency aid situations anew, expanding the exceptions imprimatur in ways that would allow warrantless, in-home police searches and seizures. Relying upon the pitched examples heard at argument regarding the parade of horribles that included suicide threats, as well as absent or fallen senior citizens, Kavanaugh queried: If officers knock on the homes door but do not receive a response, [m]ay the officers enter the home? His answer: Of course.
Some may ignore Kavanaughs concurrence, allowing it to represent yet another example of why the late Justice Antonin Scalia waxed poetic about the utter freedom when one writes lone dissents. But this is not a dissent; it is a concurrence. Its analysis is no mere dicta; rather, it may better be characterized as dicta dentata, i.e., dicta with teeth, given what Caniglias unanimity and the drumbeat of the concurrences augur.
Wait: Did it suddenly get chilly in here? Someone must have just opened an Overton Window.
Read more here:
In unanimous Fourth Amendment ruling, a reminder that there is, in fact, no place like home - SCOTUSblog
- Why Congress Must Reform FISA Section 702and How It Can - brennancenter.org - April 12th, 2024 [April 12th, 2024]
- CIA wants more power to spy on Americans - Washington Times - April 12th, 2024 [April 12th, 2024]
- Keyboard search warrants and the Fourth Amendment | Brookings - Brookings Institution - February 22nd, 2024 [February 22nd, 2024]
- Just Published: "Terms of Service and Fourth Amendment Rights" - Reason - February 22nd, 2024 [February 22nd, 2024]
- Can Texas police set up DWI checkpoints in Dallas-Fort Worth? Here's what to know - Yahoo News Canada - February 16th, 2024 [February 16th, 2024]
- The FBI's Lawless Raid on U.S. Private Vaults Shows Why the Founders Created the Fourth Amendment | Jon Miltimore - Foundation for Economic Education - February 16th, 2024 [February 16th, 2024]
- HCSO to release body cam footage to plaintiff alleging Fourth Amendment violation - Smoky Mountain News - December 19th, 2023 [December 19th, 2023]
- Section 702 surveillance doesn't belong in the NDAA - Defense One - December 16th, 2023 [December 16th, 2023]
- Valkyrie's Fourth Amendment for the Launch of a Bitcoin ETF - Crypto Times - December 16th, 2023 [December 16th, 2023]
- Digital justice: Supreme Court increasingly confronts law and the internet - Washington Times - December 14th, 2023 [December 14th, 2023]
- Trump and Section 3 of the Fourteenth Amendment: An Exploration ... - JURIST - October 13th, 2023 [October 13th, 2023]
- Expert Q&A with David Aaron on FISA Section 702 Reauthorization ... - Just Security - October 13th, 2023 [October 13th, 2023]
- A Constitution the Government Evades - Tenth Amendment Center - October 13th, 2023 [October 13th, 2023]
- First and Fourth Amendment Claims Over Arrest at Protest of Police ... - Reason - September 25th, 2023 [September 25th, 2023]
- Law enforcement violation of the fourth amendment - Daily Kos - September 25th, 2023 [September 25th, 2023]
- D.C. Appeals Court weighs whether phone seizures from 2020 ... - Washington Times - September 25th, 2023 [September 25th, 2023]
- Opinion: Why you shouldn't turn on your phone in church Palo Alto ... - The Daily Post - September 25th, 2023 [September 25th, 2023]
- Court attorneys group hosts CLE seminar with esteemed Justice ... - Brooklyn Daily Eagle - September 25th, 2023 [September 25th, 2023]
- Former Dona Ana County Deputy Sheriff Charged with Federal Civil ... - Department of Justice - September 25th, 2023 [September 25th, 2023]
- Editorial: Renters rights ruling | Opinion - nwestiowa.com - September 25th, 2023 [September 25th, 2023]
- U.S. Attorney's Statement Regarding Proposed Changes to Crime ... - Department of Justice - September 25th, 2023 [September 25th, 2023]
- New Jersey provides a road map for fighting racially biased traffic ... - Slate - September 25th, 2023 [September 25th, 2023]
- Animal rights advocates sue after facing ongoing censorship and ... - Foundation for Individual Rights in Education - September 25th, 2023 [September 25th, 2023]
- Gerald Jako Pleads Guilty to Two Counts of Murder in Ohio County - Wheeling Intelligencer - September 25th, 2023 [September 25th, 2023]
- Supreme Court of Appeals Visits Campus The Parthenon - MU The Parthenon - September 25th, 2023 [September 25th, 2023]
- Securities and Exchange Board of India (Listing Obligations and ... - Tax Management India. Com - September 25th, 2023 [September 25th, 2023]
- Legal Strategies For A Strong Defense Against Bribery Accusations - American Judicature Society - September 25th, 2023 [September 25th, 2023]
- Police get new images of area break-in suspect - Southwest Virginia Today - September 15th, 2023 [September 15th, 2023]
- Napolitano: Is the CIA in your underwear? | News, Sports, Jobs - Standard-Examiner - September 15th, 2023 [September 15th, 2023]
- Bulletin: Maryland Juvenile Services Head Says Violence Among ... - The Trace - September 15th, 2023 [September 15th, 2023]
- Tased horseman's excessive force claims clear bar Rhode Island ... - Rhode Island Lawyers Weekly - September 15th, 2023 [September 15th, 2023]
- The absurdity of fact-checkers | Columnists | leader-call.com - leader-call.com - September 15th, 2023 [September 15th, 2023]
- Facial Recognition Technology and False Arrests: Should Black ... - Capital B - September 15th, 2023 [September 15th, 2023]
- Letter to the editor - Southeast Iowa Union - September 15th, 2023 [September 15th, 2023]
- Petition hopes to stop US government agencies from using ... - Cointelegraph - September 15th, 2023 [September 15th, 2023]
- Passing on the legacy of 9/11 to the next generation The ... - The Duquesne Duke - September 15th, 2023 [September 15th, 2023]
- Congress Should Reauthorize a Key Intelligence Tool - Foreign Policy Research Institute - September 5th, 2023 [September 5th, 2023]
- Kansas City police made arrests based on rescinded warrants ... - Kansas Reflector - September 5th, 2023 [September 5th, 2023]
- Tased horsemans excessive force claims clear bar - Virginia Lawyers Weekly - September 5th, 2023 [September 5th, 2023]
- Ball is in AL's court - newagebd.net - September 5th, 2023 [September 5th, 2023]
- Lawsuit against police chief just the latest shoe to drop in Marion ... - Kansas Reflector - September 5th, 2023 [September 5th, 2023]
- In the wake of Idalia, residents of one Florida town are turning to ... - Poynter - September 5th, 2023 [September 5th, 2023]
- NYPD using drones to monitor NYC backyard Labor Day parties, spurring privacy concerns - NBC New York - September 5th, 2023 [September 5th, 2023]
- City of Grand Rapids dismissed, lawsuit against Christopher Schurr ... - FOX 17 West Michigan News - September 5th, 2023 [September 5th, 2023]
- OSHA's Proposed Rule Would Allow Union Walkthroughs of All ... - Fisher Phillips - September 5th, 2023 [September 5th, 2023]
- Letters From Readers, Aug. 31, 2023 | Opinion | avpress.com - Antelope Valley Press - September 5th, 2023 [September 5th, 2023]
- Where are the Noah's Park animals? - The Pike County Courier - September 5th, 2023 [September 5th, 2023]
- His hands were up: Attorney for football game shooting victim says civil rights violated - Yahoo News - September 5th, 2023 [September 5th, 2023]
- NYC voters explain why theyre voting for RFK Jr. over Biden: Going ... - 1330 WFIN - September 5th, 2023 [September 5th, 2023]
- Houston Food Not Bombs in Court over Feeding the Unhoused - The Texas Observer - September 5th, 2023 [September 5th, 2023]
- Search and seizure Equal protection Discriminatory policing - Massachusetts Lawyers Weekly - May 18th, 2023 [May 18th, 2023]
- The Timing of Computer Search Warrants When It Takes the ... - Reason - May 18th, 2023 [May 18th, 2023]
- Councilmembers Inquired About Pretext Stops By Police One Year ... - Pasadena Now - May 18th, 2023 [May 18th, 2023]
- BARINGS BDC, INC. : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet... - May 18th, 2023 [May 18th, 2023]
- Alabama appeals court reverses murder conviction of Ala. officer ... - Police News - May 18th, 2023 [May 18th, 2023]
- Oakland narrows town manager search to five | West Orange Times ... - West Orange Times & SouthWest Orange Observer - May 18th, 2023 [May 18th, 2023]
- The Durham Report Is Right About the Need for More FBI Oversight - Reason - May 18th, 2023 [May 18th, 2023]
- Collective knowledge doctrine applies to a traffic stop - Police News - May 18th, 2023 [May 18th, 2023]
- Interpretation: The Fourth Amendment | Constitution Center - March 31st, 2023 [March 31st, 2023]
- Public Schools :: Fourth Amendment -- Search and Seizure :: US ... - January 2nd, 2023 [January 2nd, 2023]
- BSE : Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) (Fourth Amendment) Regulations, 2022 - Marketscreener.com - November 27th, 2022 [November 27th, 2022]
- Trump legal counsel vows 'Fourth Amendment based' challenge to Mar-a ... - October 21st, 2022 [October 21st, 2022]
- Get to Know the EFA: Digital Fourth - EFF - October 13th, 2022 [October 13th, 2022]
- Arguments heard in body in trunk case | News, Sports, Jobs - Minot Daily News - October 13th, 2022 [October 13th, 2022]
- Ormond Beach Planning Board to meet Thursday - Ormond Beach Observer - October 13th, 2022 [October 13th, 2022]
- Limiting the Power of Police in Schools - The Regulatory Review - October 13th, 2022 [October 13th, 2022]
- Letter to the Editor: What Republicans Believe - Door County Pulse - October 13th, 2022 [October 13th, 2022]
- Trump wants other presidents investigated - KRLD - October 13th, 2022 [October 13th, 2022]
- Trump Rally Speech Shows He's 'Guilty and Scared': Former Prosecutor - Newsweek - October 13th, 2022 [October 13th, 2022]
- Court Strips Immunity From Cop Who Shot A Dog Within Seconds Of Arriving On The Scene Of A Non-Crime - Techdirt - October 6th, 2022 [October 6th, 2022]
- Claiming to have 4.3 trillion readers, the Onion supports parodist and its writers' paychecks in SCOTUS brief - ABA Journal - October 6th, 2022 [October 6th, 2022]
- INHIBRX, INC. : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet... - October 6th, 2022 [October 6th, 2022]
- PennLive goes to court for records related to U.S. Rep. Scott Perrys cell phone - PennLive - October 6th, 2022 [October 6th, 2022]
- Rusty Hardin & Associates Strengthens Litigation Team with Addition of Attorney Aisha Dennis - PR Newswire - October 6th, 2022 [October 6th, 2022]
- Vancouver City Council asked to OK $725000 deal with family of man killed by police - The Columbian - October 6th, 2022 [October 6th, 2022]
- Govt plans to auction 22 mineral blocks in 3 states within next two months - Business Standard - October 6th, 2022 [October 6th, 2022]
- Fort Worth officers sued after being accused of violating rights - WFAA.com - September 27th, 2022 [September 27th, 2022]
- LSU professors, students weigh in on constitutionality of room scans for online exams - The Reveille, LSU's student newspaper - September 27th, 2022 [September 27th, 2022]
- Solution for ideological division: Revising the Constitution? - The Christian Science Monitor - September 27th, 2022 [September 27th, 2022]
- Lawsuit says teen was thrown in solitary confinement and abused inside Maine's youth prisons - observer-me.com - September 27th, 2022 [September 27th, 2022]