Category Archives: Community caretaking function

KS: Welfare check turned into unreasonable seizure without RS

The officer was called to a convenience store for a welfare check of a woman inside who apparently was sick. When she finally came out, she was fine and appeared fine, but the officer, for no apparent reason, escalated the … Continue reading

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MT: Welfare check of driver gave no indication of DUI, so no RS

The officer approached defendant’s vehicle pursuant to a 911 call to request a welfare check on the driver, but he did not have particularized suspicion to conduct a DUI investigation at the time he was assured defendant was not in … Continue reading

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OH2: On entry to arrest defendant when children were found at home, it was not unreasonable to look for others to care for them

On arresting defendant at home, the police later obtained a search warrant, too. The initial entry into the rest of the house to look for someone to tend to the children with defendant at the time of arrest was reasonable. … Continue reading

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CA6: Seizing ptf out of her home for a psych eval without PC stated claim and overcame QI

Plaintiff stated a claim that she was unreasonably seized in her home without probable cause or a warrant for a psych evaluation. Qualified immunity denied. Rudolph v. Atkinson, 2019 U.S. App. LEXIS 28477 (6th Cir. Sept. 20, 2019)*:

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WA: Community caretaking function was a pretext to search for evidence, and search is suppressed

The warrantless search of defendant’s home was pretextual under the community caretaking function when there was no justification for it. The court also declines to adopt a “dead body rule.” State v. Boisselle, 2019 Wash. LEXIS 579 (Sept. 12, 2019):

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TX3: Phlebotomist’s careless handling of blood draw that didn’t compromise test wasn’t enough to suppress just from alleged risk of infection that didn’t happen

“As the State admits, using a biohazard container as a workstation for a blood draw is not ideal. However, even viewing the evidence in the light most favorable to the trial court’s ruling, we conclude that Fikes failed to meet … Continue reading

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KY: No REP in conversations with family members in police interrogation room

Defendant was allowed to talk to relatives in an interrogation room, and their conversation was recorded. “Accordingly, we conclude that Easterling’s Fourth Amendment rights were not violated when his conversation with family members in the interrogation room was videotaped and … Continue reading

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IL: PC was shown for the SW for def’s house; he was not just the last person to see her alive, he had her car and credit cards

Probable cause was shown for a search warrant for defendant’s house. “The complaint in Gacy did not cite to a specific crime; like this case, it was concerned with a missing person. Gacy, 103 Ill. 2d at 19-20. Since the … Continue reading

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S.D.N.Y.: 2255 petitioner succeeds in showing overlooked motion to suppress would have been granted

2255 petitioner makes his case that defense counsel was ineffective for not moving to suppress the impoundment and search of his car as illegally parked because it wasn’t. Counsel’s wife was seriously ill, and he was out of the office … Continue reading

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Cal.: Case law permitting “community caretaking function” entry into a home without true exigency is overruled

People v. Ray, 21 Cal.4th 464, 88 Cal. Rptr. 2d 1, 981 P.2d 928 (1999) that created a limited “community caretaking function” entry into a home without true exigency is overruled. By case law, that exception is limited to vehicles, … Continue reading

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S.D.Fla.: Search incident and community caretaking exceptions can’t support govt’s search of def’s messenger bag days later

The government’s search incident theory to sustain a search of defendant’s messenger bag days after his arrest is rejected. “The fundamental purpose of the search incident to arrest exception is to ensure safety and safeguard evidence. Neither of these concerns … Continue reading

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CA9: Seizure of 12 firearms from the home during a mental health crisis and then delaying return was reasonable under community caretaking function

Plaintiff called the police on her husband because of a mental health crisis, and the police seized 12 firearms from the home. She petitioned for return on the firearms, and the Superior Court denied relief and she appealed, and it … Continue reading

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