Case & Policy Update
Volume 35 | March 4, 2021
The Basics
Last summer, SPD updated policy 6.180 (searches) to provide guidance on when and how officers may conduct a warrantless entry under the search warrant exception for Community Caretaking.
As you know, the Community Caretaking exception to the warrant requirement allows officers to seize a person—or enter into a constitutionally-protected space like a home—when a reasonable person would believe that failure to do so could result in imminent death, great bodily harm, or destruction of property.
It’s similar to the “exigency” exception, except the goal is preservation of life rather than evidence. As such, officers cannot act in their evidence-gathering role while engaging in Community Caretaking searches. Using Community Caretaking as a pretext for an evidentiary search would be a violation of this policy.
Criteria
Policy 6.180-POL-1 lists the criteria necessary for the Community Caretaking exception to apply.
- The officer must subjectively believe it likely that someone needs assistance for a health or safety reason
- If the person is unconscious, the officer must try to wake them before searching their person
- A reasonable person in the same situation would believe that assistance is needed
- There is a reasonable basis to associate the need for assistance with the place searched
- There is an imminent threat of substantial injury or substantial property destruction
- A specific person needs help or specific property is endangered
Reporting
Officers must explain the justifications for all the criteria above in their incident reports. This ensures that if someone files an OPA complaint, we have the facts necessary. In past cases, OPA has issued Not Sustained findings based on an officer’s good faith attempt to carry out—and subsequently explain, in detail—the necessity of the Community Caretaking exception.
If an officer is uncertain about whether the specific circumstances before him or her would permit a search or seizure under Community Caretaking, OPA encourages officers to screen incidents with their supervisor before effecting entry.
The legal analysis and opinions herein are OPA’s own and do not state the positions of the Seattle Police Department (SPD). SPD employees should seek the formal advice of SPD Legal, Precinct Liaisons, and the City Attorney's Office when legal questions arise in the field.
OPA also posts the Case & Policy Updates here.
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