Category Archives: Community caretaking function

IA: Officer’s checking on car parked on rural road at 1 am was valid welfare check

The officer stopped to check on the welfare of defendant parked on the side of a rural road at 1 am. This was a bona fide welfare check and not a criminal investigation, and it was reasonable. State v. Coffman, … Continue reading

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WI: Community caretaking function can support impoundment and inventory despite lack of standardized procedures

Defendant matched the description of a man wanted for robbery and a probation violation. He was found on the property of a storage unit company. After his arrest, his vehicle was parked between two rows of buildings, blocking one unit … Continue reading

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IN: Def was stuck under car at gas station then freed herself before officer got over there; stop under community caretaking function was unreasonable

Defendant was stuck under her car at a gas station when the officer saw her. He started toward her and she freed herself, got in the car and was attempting to drive away when the officer stopped her. Surveying cases … Continue reading

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MO: A body between apartments justified an entry to see if there were other victims

Police get a call about women screaming and yelling and a body between two buildings. They show up and circumstances connect them to an apartment. A community caretaking function search for another victim is proper. State v. Shegog, 2017 Mo. … Continue reading

Posted in Burden of proof, Community caretaking function | Comments Off

NJ permits limited search of the console when the def makes a half-hearted attempt to locate the papers for the vehicle

New Jersey again permits a limited search of the console [and likely glove compartment] when the defendant makes a half-hearted attempt to locate the papers for the vehicle. This is a limited search for the papers only, which would be … Continue reading

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OH11: Getting beat up in a bar fight permits a community caretaking search of your person

Defendant was beat up in a bar fight. He bled all over his shirt and his jaw was swollen. He rejected efforts for medical help, but the officer’s stop of him was reasonable under the community caretaking function. That community … Continue reading

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OH10: Officers could open defendant’s car door when he was apparently passed out in the front seat

Officers could open defendant’s car door when he was apparently passed out in the front seat. State v. Hall, 2017-Ohio-446, 2017 Ohio App. LEXIS 441 (10th Dist. Feb. 7, 2017):

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CA9: 911 call about suicide by overdose justified entry

Police received a 911 call about a suicide by overdose, and the entry into the premises was reasonable. Ames v. King County, 2017 U.S. App. LEXIS 660 (9th Cir. Jan. 13, 2017). Claimant failed to make a Fourth Amendment claim … Continue reading

Posted in Burden of proof, Community caretaking function, Emergency / exigency | Comments Off

IL: Def stopped when he saw police lights but encounter was consensual and initiated by community caretaking function

Defendant pulled over because a police car fast approached him from behind, and the officer pulled in behind and turned on his take down light, they both stopped, and the officer walked up to the car with a flashlight in … Continue reading

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W.D.Mo.: Accidental muting of body recorder by officer’s body armor wasn’t due process violation

The officer testified that his body armor accidentally muted the microphone on the body recorder on his belt when he bent over, and this was not a due process violation. There was exigency here for a community caretaking function entry … Continue reading

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