The community caretaking exception once allowed police officers to carry out warrantless searches of residences in the United States – and in Massachusetts. Under this doctrine, a police officer can legally enter someone’s home without a warrant while carrying out a “wellness check.” At first glance, this might seem like a reasonable exception to the Fourth Amendment. After all, police officers should be able to help citizens struggling with urgent health issues without wasting time obtaining a warrant. But when you consider this exception in more detail, the potential for abuse is clear. A recent case in Massachusetts has eliminated the “community caretaking” exception for warrantless entry. To learn more, consider discussing this new development alongside a Massachusetts defense attorney.
Commonwealth Acknowledges That Community Caretaking Exception is No Longer Valid
In COMMONWEALTH vs. MARK TOMAS REGAN, the courts found that the community caretaking exception to warrantless entries is no longer valid. This case involved a defendant who was found inside a residence with a deceased individual, and the defendant attempted to argue that the police violated his constitutional rights by entering his home without a warrant.
The officers in question entered the home on the basis of a “community wellness check.” They had been told by numerous parties – including the victim’s family – that something was wrong. These family members suspected that the victim may have suffered some kind of health emergency, as he was an elderly individual with known health problems. The victim’s brother also appeared at the victim’s residence and urged police to enter.
After entering, the police encountered the defendant in close proximity to the body. They also located firearms and ammunition. In an attempt to adhere to the Fourth Amendment, they claimed to have “frozen” the crime scene after initially entering and removing the defendant. They then exited, obtained a warrant, and re-entered.
In reviewing the defendant’s appeal, the court upheld his murder conviction. However, they vacated his firearm and ammunition charges.
In justifying their decision, the court accepted that the United States Supreme Court had ruled (two years after the defendant’s conviction) that wellness checks no longer allow police officers to carry out warrantless entries. They also specifically stated that “the Massachusetts Constitution may not provide less protection to defendants than the Federal Constitution,” and “the community caretaking doctrine is insufficient to justify a warrantless entry.”
Can a Massachusetts Defense Attorney Help With Warrantless Entries into My Home?
If you are facing criminal charges because a police officer entered your home without a warrant, consider a consultation with an experienced Massachusetts defense lawyer. With help from Edward R. Molari, you may be able to avoid criminal charges by raising a Fourth Amendment defense. Because the community caretaking exception has now been eliminated, it may be easier to raise this defense in Massachusetts than ever before. Book your consultation today to learn more.