The Community Caretaking Doctrine does not apply to the entry or search of a residence

• The Community Caretaking Doctrine and Residences

The “Community Caretaking Doctrine,” created to justify warrantless entries into impounded automobiles for a non-criminal investigative purpose, does not justify the warrantless entry into a residence or seizure of firearms therein.

Edward Caniglia—a resident of Rhode Island and petitioner in this civil suit—had an argument with his wife.  During the argument, petitioner retrieved a handgun from their bedroom, put it on the table between them, and asked his wife to “shoot (him) now and get it over with.”  Not finding this to be a reasonable solution to their argument, she simply left instead; spending the night in a hotel.  But when she couldn’t reach him by phone the next morning, she called the police and asked them to do a welfare check.  Respondents (Officer Robert F. Strom, et al) accompanied the wife back to the house and found petitioner alive and well, sitting on the porch.  When questioned, petitioner denied that he was suicidal, but agreed to submit to a psychiatric evaluation at a hospital.  However, he imposed one condition; i.e., that the officers promise him not to confiscate his firearms.  Despite their ....