Judge Andrew P. Napolitano: The government's community caretaking ruse

The community caretaking doctrine is no less dangerous than warrantless electronic surveillance.

Edward agreed to go only if the police agreed not to enter his house and not to seize his firearms. The police agreed to both conditions. Yet, as soon as the ambulance and Edward were gone, the police entered the house and seized Edward’s guns. The hospital sent Edward home with a clean bill of mental health. Edward then sued the police for an unlawful arrest, search and seizure. The police claimed that they entered the Caniglia home not to investigate a crime but to engage in "community caretaking." Can the police enter a private home without a search warrant to protect a resident of the home from himself? In a word: No.