SUPREME COURT OF THE UNITED STATES
_________________
No. 20–157
_________________
EDWARD A. CANIGLIA, PETITIONER
v.
ROBERT F. STROM, et al.
on writ of certiorari to the united states
court of appeals for the first circuit
[May 17, 2021]
Justice Kavanaugh, concurring.
I join the Court’s opinion in full. I write
separately to underscore and elaborate on The Chief Justice’s point
that the Court’s decision does not prevent police officers from
taking reasonable steps to assist those who are inside a home and
in need of aid. See
ante, at 1 (Roberts, C. J.,
concurring). For example, as I will explain, police officers may
enter a home without a warrant in circumstances where they are
reasonably trying to prevent a potential suicide or to help an
elderly person who has been out of contact and may have fallen and
suffered a serious injury.
Ratified in 1791 and made applicable to the
States in 1868, the Fourth Amendment protects the “right of the
people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures.” As the constitutional
text establishes, the “ultimate touchstone of the Fourth Amendment
is reasonableness.”
Riley v.
California,
573 U.S.
373, 381 (2014) (internal quotation marks omitted). The Court
has said that a warrant supported by probable cause is ordinarily
required for law enforcement officers to enter a home. See
U. S. Const., Amdt. 4. But drawing on common-law analogies and
a commonsense appraisal of what is “reasonable,” the Court has
recognized various situations where a warrant is not required. For
example, the exigent circumstances doctrine allows officers to
enter a home without a warrant in certain situations, including: to
fight a fire and investigate its cause; to prevent the imminent
destruction of evidence; to engage in hot pursuit of a fleeing
felon or prevent a suspect’s escape; to address a threat to the
safety of law enforcement officers or the general public; to render
emergency assistance to an injured occupant; or to protect an
occupant who is threatened with serious injury. See
Mitchell
v.
Wisconsin, 588 U. S. ___, ___ (2019) (plurality
opinion) (slip op., at 6);
City and County of San Francisco
v.
Sheehan, 575 U.S. 600, 612 (2015);
Kentucky v.
King,
563 U.S.
452, 460, 462 (2011);
Michigan v.
Fisher,
558 U.S.
45, 47 (2009) (
per curiam);
Brigham City v.
Stuart,
547 U.S.
398, 403 (2006);
Minnesota v.
Olson,
495 U.S.
91, 100 (1990);
Michigan v.
Clifford,
464 U.S.
287, 293, and n. 4 (1984) (plurality opinion);
Mincey v.
Arizona,
437 U.S.
385, 392–394 (1978);
Michigan v.
Tyler,
436 U.S.
499, 509–510 (1978);
United States v.
Santana,
427 U.S.
38, 42–43 (1976);
Warden, Md. Penitentiary v.
Hayden,
387 U.S.
294, 298–299 (1967);
Ker v.
California,
374 U.S.
23, 40–41 (1963) (plurality opinion).
Over the years, many courts, like the First
Circuit in this case, have relied on what they have labeled a
“community caretaking” doctrine to allow warrantless entries into
the home for a non-investigatory purpose, such as to prevent a
suicide or to conduct a welfare check on an older individual who
has been out of contact. But as the Court today explains, any such
standalone community caretaking doctrine was primarily devised for
searches of cars, not homes.
Ante, at 3–4; see
Cady
v.
Dombrowski,
413 U.S.
433, 447–448 (1973).
That said, this Fourth Amendment issue is more
labeling than substance. The Court’s Fourth Amendment case law
already recognizes the exigent circumstances doctrine, which allows
an officer to enter a home without a warrant if the “exigencies of
the situation make the needs of law enforcement so compelling that
the warrantless search is objectively reasonable under the Fourth
Amendment.”
Brigham City, 547 U. S., at 403 (internal
quotation marks omitted); see also
ante, at 3. As relevant
here, one such recognized “exigency” is the “need to assist persons
who are seriously injured or threatened with such injury.”
Brigham City, 547 U. S., at 403; see also
ante,
at 1 (Roberts, C. J., concurring). The Fourth Amendment allows
officers to enter a home if they have “an objectively reasonable
basis for believing” that such help is needed, and if the officers’
actions inside the home are reasonable under the circumstances.
Brigham City, 547 U. S., at 406; see also
Michigan v.
Fisher, 558 U. S., at 47–48.
This case does not require us to explore all the
contours of the exigent circumstances doctrine as applied to
emergency-aid situations because the officers here disclaimed
reliance on that doctrine. But to avoid any confusion going
forward, I think it important to briefly describe how the doctrine
applies to some heartland emergency-aid situations.
As Chief Judge Livingston has cogently
explained, although this doctrinal area does not draw much
attention from courts or scholars, “municipal police spend a good
deal of time responding to calls about missing persons, sick
neighbors, and premises left open at night.” Livingston, Police,
Community Caretaking, and the Fourth Amendment, 1998 U. Chi. Leg.
Forum 261, 263 (1998). And as she aptly noted, “the responsibility
of police officers to search for missing persons, to mediate
disputes, and to aid the ill or injured has never been the subject
of serious debate; nor has” the “responsibility of police to
provide services in an emergency.”
Id., at 302.
Consistent with that reality, the Court’s
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. See,
e.g., Sheehan, 575
U. S., at 612;
Michigan v.
Fisher, 558
U. S., at 48–49;
Brigham City, 547 U. S., at
406–407. The officers do not need to show that the harm has already
occurred or is mere moments away, because knowing that will often
be difficult if not impossible in cases involving, for example, a
person who is currently suicidal or an elderly person who has been
out of contact and may have fallen. 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.
A few (non-exhaustive) examples illustrate the
point.
Suppose that a woman calls a healthcare hotline
or 911 and says that she is contemplating suicide, that she has
firearms in her home, and that she might as well die. The operator
alerts the police, and two officers respond by driving to the
woman’s home. They knock on the door but do not receive a response.
May the officers enter the home? Of course.
The exigent circumstances doctrine applies
because the officers have an “objectively reasonable basis” for
believing that an occupant is “seriously injured or threatened with
such injury.”
Id., at 400, 403; cf.
Sheehan, 575
U. S., at 612 (officers could enter the room of a mentally ill
person who had locked herself inside with a knife). After all, a
suicidal individual in such a scenario could kill herself at any
moment. The Fourth Amendment does not require officers to stand
idly outside as the suicide takes place.[
1]
Consider another example. Suppose that an
elderly man is uncharacteristically absent from Sunday church
services and repeatedly fails to answer his phone throughout the
day and night. A concerned relative calls the police and asks the
officers to perform a wellness check. Two officers drive to the
man’s home. They knock but receive no response. May the officers
enter the home? Of course.
Again, the officers have an “objectively
reasonable basis” for believing that an occupant is “seriously
injured or threatened with such injury.”
Brigham City, 547
U. S., at 400, 403. Among other possibilities, the elderly man
may have fallen and hurt himself, a common cause of death or
serious injury for older individuals. The Fourth Amendment does not
prevent the officers from entering the home and checking on the
man’s well-being.[
2]
To be sure, courts, police departments, and
police officers alike must take care that officers’ actions in
those kinds of cases are reasonable under the circumstances. But
both of those examples and others as well, such as cases involving
unattended young children inside a home, illustrate the kinds of
warrantless entries that are perfectly constitutional under the
exigent circumstances doctrine, in my view.
With those observations, I join the Court’s
opinion in full.
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