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39 Touro L. Rev. 337 (2023-2024)
Community Caretaking Exception Saves Lives... the Supreme Court Disagrees

handle is hein.journals/touro39 and id is 340 raw text is: 








COMMUNITY CARETAKING EXCEPTION SAVES LIVES...
              THE  SUPREME COURT DISAGREES

                        Gabriella Lorenzo*


ABSTRACT


       As many  are aware, the Fourth Amendment protects the people
against unreasonable searches and seizures. A warrant is necessary for
said activities. While there are a  few exceptions  to the warrant
requirement, the Supreme  Court  recently held that the community
caretaking exception does not extend to the home.   Extending this
exception to the home would allow police officers to enter and engage
in functions that are  unrelated to the  investigation of a crime.
Essentially, this exception would allow police to aid individuals and
prevent serious, dangerous situations to protect the community.
       This Note  discusses why   the Supreme   Court erred in  its
decision to deny the extension of the community caretaking exception
to the home.  Further, it argues how denying  the extension of this
exception to  the home  could  prevent police from  being  able to
intervene and help individuals in need in situations that do not rise to
the criteria of an emergency which  would  fall under the exigent
circumstances exception.






* J.D. Touro University Jacob D. Fuchsberg Law Center; B.A. in Sociology-Crimi-
nology and Political Science Pre-Law, Ohio University, 2020. I would like to thank
the Touro Law Review Staff, Professor Levine and Professor Seplowitz for all of their
help and guidance throughout this process. I would also like to thank Erik, my Dad,
and the rest of my family for always believing in me and encouraging me to pursue
my dreams. Lastly, I want to thank my late mother, Lynda A. Lorenzo, for being my
rock throughout my academic journey. I know she would be so proud.


337

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