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Community caretaking (view source)
Revision as of 15:57, February 13, 2021
, 15:57, February 13, 2021Created page with "'''Community caretaking''' is a fallacious doctrine under which governments claim an inherent power to infringe upon individual liberty in the interest of communit..."
'''Community caretaking''' is a fallacious doctrine under which [[government]]s claim an [[inherent power]] to infringe upon individual [[liberty]] in the interest of community safety.
== History ==
Community caretaking first entered [[United States]] [[law]] in the federal case of ''Cady v. Dombrowski.'' <ref name=Moore>Moore SC, "Fourth Amendment: The Community Caretaker Exception," Law Offices of Samuel C. Moore PLLC. Retrieved 13 February 2021. <https://scmoorelaw.com/fourth-amendment-community-caretaker-exception/> </ref> In that case, [[police]] seized a [[gun]] from the trunk of a [[vehicle]] in the police pound. The [[Supreme Court]] held that the seizure was permissible because the officers were performing a "community caretaking" function only. In this case the government argued that vandals might break into the trunk, take the gun, and use it to commit a crime.<ref name=Forbes>Gertsmann E, "Supreme Court will decide whether police can enter a home to seize guns without a warrant," ''Forbes'', 5 February 2021. <https://www.forbes.com/sites/evangerstmann/2021/02/05/supreme-court-will-decide-whether-police-can-enter-a-home-to-seize-guns-without-a-warrant/?sh=3dd0f1645bb4></ref>
== Contemporary jurisprudence ==
At the time of this writing, "community caretaking" will come before the Supreme Court again. The case (''Caniglia v. Strom''<ref name=Caniglia>See the case citation, <https://casetext.com/case/caniglia-v-strom-1>.</ref>) began when a wife called police after her husband played a joke during an argument. He placed an unloaded gun on the table between them and told her to shoot him. When police arrived, they encouraged the husband to take an ambulance ride to hospital for psychiatric evaluation. But they also told the wife the husband had just consented to a search of their home for more guns. She told them he kept two guns in his home. They seized them.
The husband sued the city because the police lied to his wife when he couldn’t correct the lie, and took his guns. ''And the Court of Appeals for the First Circuit sided with the police. They applied the “community caretaking” standard.''
== References ==
{reflist}
[[Category:Judiciary]] [[Category:Supreme Court]]
== History ==
Community caretaking first entered [[United States]] [[law]] in the federal case of ''Cady v. Dombrowski.'' <ref name=Moore>Moore SC, "Fourth Amendment: The Community Caretaker Exception," Law Offices of Samuel C. Moore PLLC. Retrieved 13 February 2021. <https://scmoorelaw.com/fourth-amendment-community-caretaker-exception/> </ref> In that case, [[police]] seized a [[gun]] from the trunk of a [[vehicle]] in the police pound. The [[Supreme Court]] held that the seizure was permissible because the officers were performing a "community caretaking" function only. In this case the government argued that vandals might break into the trunk, take the gun, and use it to commit a crime.<ref name=Forbes>Gertsmann E, "Supreme Court will decide whether police can enter a home to seize guns without a warrant," ''Forbes'', 5 February 2021. <https://www.forbes.com/sites/evangerstmann/2021/02/05/supreme-court-will-decide-whether-police-can-enter-a-home-to-seize-guns-without-a-warrant/?sh=3dd0f1645bb4></ref>
== Contemporary jurisprudence ==
At the time of this writing, "community caretaking" will come before the Supreme Court again. The case (''Caniglia v. Strom''<ref name=Caniglia>See the case citation, <https://casetext.com/case/caniglia-v-strom-1>.</ref>) began when a wife called police after her husband played a joke during an argument. He placed an unloaded gun on the table between them and told her to shoot him. When police arrived, they encouraged the husband to take an ambulance ride to hospital for psychiatric evaluation. But they also told the wife the husband had just consented to a search of their home for more guns. She told them he kept two guns in his home. They seized them.
The husband sued the city because the police lied to his wife when he couldn’t correct the lie, and took his guns. ''And the Court of Appeals for the First Circuit sided with the police. They applied the “community caretaking” standard.''
== References ==
{reflist}
[[Category:Judiciary]] [[Category:Supreme Court]]