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Abstract

The United States Supreme Court has consistently held that citizens have heightened privacy rights in their homes. Using this reasoning as its justification, in Caniglia v. Strom, the Supreme Court held that the police cannot enter a home under their community caretaking powers. The Fourth Amendment’s Community Caretaking Exception gives police and other emergency services the ability to render aid and protect the public, a function that is completely detached from criminal investigatory powers.

By limiting this exception and not allowing it to apply within a home, the Court is placing potential risks on the health and safety of the older adult community. This community is more prone to severe injuries after falls and has heightened vulnerabilities. These vulnerabilities were addressed in the concurring opinions to Caniglia as well as the oral argument. The potential problems in the application of the holding to situations involving older adults were recognized; however, there were no indications of resolution to these issues in the Court’s majority opinion or holding.

Based on the vulnerabilities of the older adult community becoming more prevalent, especially in public health crises like the COVID-19 pandemic, society and the older adult community would benefit from a refinement of the federal case law that currently limits the scope of this exception. This refinement would include changing the test for entry under the Community Caretaking Exception to consider factors including age and vulnerabilities of a particular community, such as those of older adults. However, society fears that police will abuse their caretaking powers and use the powers as a pretext for an investigation. This note explores the benefits and dangers of changes to the scope of the Community Caretaking Exception, as well as ideas on how the Court can refine the case law while keeping the older adult community and their vulnerabilities in mind.

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