Can a police officer enter a suicidal person's home and secure the premises if firearms are found?

California, United States of America


The following excerpt is from People v. Ovieda, 19 Cal.App.5th 614, 228 Cal.Rptr.3d 67 (Cal. App. 2018):

Appellant contends that the community caretaking rule does not apply to residential searches. Surely a police officer may enter a residence to protect a suicidal person and secure the premises if firearms are believed to be present. (See, e.g., Brigham City v. Utah (2006) 547 U.S. 398, 400, 403, 126 S.Ct. 1943, 164 L.Ed.2d 650 [officer may enter home without a warrant to render emergency assistance to an injured

[228 Cal.Rptr.3d 72]

occupant or to protect occupant from imminent injury].) The officers had a duty to prevent the possibility that the firearms "would fall into untrained or ... malicious hands." ( Cady v. Dombrowski (1973) 413 U.S. 433, 443, 93 S.Ct. 2523, 37 L.Ed.2d 706.)

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