Can a police officer who is performing a community caretaking function perform a warrantless search of a private residence?

MultiRegion, United States of America

The following excerpt is from U.S. v. Erickson, 991 F.2d 529 (9th Cir. 1993):

The fact that a police officer is performing a community caretaking function, however, cannot itself justify a warrantless search of a private residence. In determining whether a search is reasonable within the meaning of the Fourth Amendment, the governmental interest motivating the search must be balanced against the intrusion on the individual's Fourth Amendment interests. Maryland v. Buie, 494 U.S. 325, 331, 110 S.Ct. 1093, 1097, 108 L.Ed.2d 276 (1990). "Under this test, a search of the house or office is generally not reasonable without a warrant issued on probable cause." Id.

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