Christopher Castagna, et al. v. Harry Jean, et al.

(Rule 14.1(a)) The Third and Seventh Circuits have held that the community caretaking exception established by Cady v. Dombrowski, 413 U.S. 433 (1973) does not apply to warrantless, unconsented to entries by police officers into private homes. The First Circuit held that the exception does apply to such entries. Was the First Circuit wrong? Having so found, the First Circuit granted the officers qualified immunity upon finding that, as of March 17, 2013, it was not clearly established that the police officers’ warrantless, unconsented-to entry into a private home to demand music be turned down and to check on suspected, but unconfirmed, underage drinkers fell outside the ambit of the community caretaking exception. Where the Fourth Amendment’s heightened protections for the sanctity of the home have been clearly established for centuries, may the doctrine of qualified immunity be stretched so far as to condone such an objectively unreasonable intrusion? Should it?