Category Archives: Community caretaking function

TN: Police get a call about a passed out parked car driver, but when they get there he’s out of the car; under community caretaking function they can still inquire what’s going on

Police received a call from a liquor store operator that a man was passed out in a car behind the store. When they got there, the man was getting in the car. The community caretaking function still applied because of … Continue reading

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D.S.D.: Community caretaking function permitted search of unconscious person’s bag for source of his condition

Police responding to a medical emergency found defendant unconscious in his bathroom with a belt tourniquet at his arm and a brown liquid in a syringe. That was not a sign of diabetes shock. It was reasonable under Eighth Circuit … Continue reading

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Hard|OCP: Invite Police Officers into Your Home with Apple Watch’s Auto-911 Feature

Hard|OCP: Invite Police Officers into Your Home with Apple Watch’s Auto-911 Feature: Legal professionals are warning the Apple Watch could open owners up to criminal liability due to a new feature that automatically dials 911 if it senses the wearer … Continue reading

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ME: Def’s jacket she was sitting on when arrested was properly subject to search incident

Defendant’s jacket was still associated with her when she was arrested, and it was properly subject to a search incident even though she was handcuffed and sitting on it. The validity of the search incident, however, did not translate into … Continue reading

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OH12: No return of storage media holding CP

Defendant sought return of the electronic storage media containing child pornography. Denied. State v. Van Tielen, 2018-Ohio-3421, 2018 Ohio App. LEXIS 3715 (12th Dist. Aug. 27, 2018). The officer opened defendant’s van door because he was justifiably looking for a … Continue reading

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N.D.Ga.: Alleged isolated violation of Posse Comitatus Act doesn’t require exclusion

Alleged isolated violation of Posse Comitatus Act doesn’t require exclusion. McGill v. United States, 2018 U.S. Dist. LEXIS 142130 (N.D. Ga. Aug. 22, 2018). Trash cans were left at the street for collection of the contents, so there was no … Continue reading

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CA2: Def called 911 about a prowler; when police arrived he at least implicitly if not explicitly consented to police and dog entry

Defendant called 911 about a prowler possibly inside, and he consented at least implicitly if not explicitly to entry of the responding officer and his dog which then alerted to drugs. The entry was reasonable and consensual. United States v. … Continue reading

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IA: Stopping behind a car parked with brake lights on on a country road at 1 am was reasonable under the community caretaking function

“This case requires us to decide whether an officer was justified in pulling behind a vehicle and activating his emergency lights when the vehicle was stopped by the side of a highway after 1:00 a.m. with its brake lights engaged. … Continue reading

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E.D.Mich.: A 16 year old girl, over the age of consent, was in a hotel room with a 45 year old man; that alone was not exigency

A 16 year old girl, over the age of consent, was in a hotel room with a 45 year old man. That alone did not create exigent circumstances. Certainly the parents would be concerned, but there was no evidence that … Continue reading

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Cal.2d: 911 call about threat to shoot oneself supports entry and cursory search for weapons

A 911 call about an apparent threat to shoot oneself supports a community caretaking entry and cursory look around the house. People v. Ovieda, 2018 Cal. App. LEXIS 34 (2d Dist. Jan. 17, 2018):

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PA: Flashing overhead lights on a police car means stop and stay until released; stopping to check GPS isn’t RS

According to the vehicle code and the driver’s license manual, when a police car has its lights on, a driver is to stop until let go. Here, the officer pulled up next to defendant’s car on the side of I-79 … Continue reading

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UT: Potentially missing 65 yo man led to welfare check entry of his house at insistence of his mother; “welfare check” entry valid

Defendant was 65, in ill-health, and his mother talked to him every day. When she hadn’t heard from him, she called the police to check on him. At the house, nobody answered the door, the lights were on, there was … Continue reading

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