2021-IPG-49 (COMMUNITY CARETAKING EXCEPTION-CANIGLIA AND MORE)

This podcast of the Inquisitive Prosecutors’ Guide discusses the latest case from the United States Supreme Court on the scope of the “community caretaking” rationale (Caniglia v. Strom (2021) 141 S.Ct. 1596) as well as a decision from the California Supreme Court that foreshadowed the decision in Caniglia (People v. Ovieda (2019) 7 Cal.5th 1034) and several other cases bearing on when the community caretaking rationale will or will not justify a search.  IPG attempts to figure out how the decisions in Caniglia and Ovieda will impact existing case law regarding home entries in response to suicidal persons, reports of gun use, and searches and seizures for firearms belonging to persons with mental health issues.  The IPG also discusses what, if any, will be the impact of Caniglia and Ovieda on use of the community caretaking rationale in other contexts than home entries and when police seek to rely upon the exigent circumstances exception (including the emergency branch of that exception) to justify searches.  The podcast features search and seizure expert and author of Point of View and California Criminal Investigation: Alameda County Senior Deputy District Attorney Mark Hutchins.