Category Archives: Community caretaking function

OH2: Inventory and tow of vehicle disabled in accident was reasonable under community caretaking function

Defendant’s vehicle was inventoried and then towed by Dayton PD because it was disabled after an accident blocking a busy intersection. There was no warning to defendant it was going to happen. It was within the community caretaking function of … Continue reading

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SCOTUS: Cert grant: “Whether the ‘community caretaking’ exception to the Fourth Amendment’s warrant requirement extends to the home.”

Caniglia v. Strom, 20-157 (ScotusBlog): Issue: Whether the “community caretaking” exception to the Fourth Amendment’s warrant requirement extends to the home.

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KS: Looking in purse of unconscious driver was reasonable

The emergency aid exception applied: “Officer Brown searched Smith’s purse seeking Smith’s identity and any information that would explain the nature of Smith’s condition and the best means of treating it. When the officer made this decision, the paramedics were … Continue reading

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Cal.4th: Google turning over CP to NCMEC was private search

Google found child pornography in emails and submitted them to NCMEC. This was a private search (which is explained in detail). It is no different than the search in Jacobsen. People v. Wilson, 2020 Cal. App. LEXIS 976 (4th Dist. … Continue reading

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D.Minn.: SW for ion scan of door for presence of drugs was at least subject to GFE

The search warrant here for swabbing defendant’s door for an ion scan to determine presence of drugs didn’t describe what the ion scan would show. The existence of case law from at least 1999 supporting ion scan warrants satisfies good … Continue reading

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The Intercept: Her Former Colleagues Called in a “Wellness Check.” Then Police Shot Her to Death.

The Intercept: Her Former Colleagues Called in a “Wellness Check.” Then Police Shot Her to Death. by Natasha Lennard (“The killing of Sandy Guardiola at the hands of a cop illustrates the limitations of brutal, armed police responding to community … Continue reading

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CA8: Community caretaking entry still justified protective sweep

Police came to defendant’s house for a community caretaking call, and they heard a person inside calling for help. They knew defendant was on probation for firearms, that he had a history of drug use, and that he had surveillance … Continue reading

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WI: Impoundment of car because def was merely ticketed for not having a valid license was unreasonable

Defendant was stopped for speeding, and he was found without a license. The police didn’t arrest him, just ticketed him. Impounding his car and inventorying it was unreasonable under the circumstances, and this was not a reasonable exercise of the … Continue reading

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CA9: Not precisely following CHP inventory policy doesn’t make it unreasonable

Not precisely following CHP policy in filing out the inventory papers didn’t per se make the inventory search unreasonable. United States v. Magdirila, 2020 U.S. App. LEXIS 19477 (9th Cir. June 23, 2020). The community caretaking function of police permitted … Continue reading

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KY: Criminal history check during traffic stop is reasonable; the officer needs to know who he or she is dealing with

The stop had not concluded, and it wasn’t unreasonably extended by the officer. Criminal history checks are reasonable. “Accordingly, the officer may take reasonable steps to ascertain whether the persons with whom he is dealing might be dangerous. To this … Continue reading

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E.D.Ky.: It was reasonable for officers to open a car door when the driver was parked and unresponsive

Defendant’s car was parked on a Waffle House parking lot from 2-5 am with the headlights on, and it was reasonable for officers to check on the car. Inside was defendant who didn’t respond to them, and it was reasonable … Continue reading

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CA1: Drunk underage partiers puking outside and going back in justified a community caretaking entry to see if anyone was in distress

Drunk underage partiers puking outside and going back in justified a community caretaking entry to see if anyone was in distress. Castagna v. Jean, 2020 U.S. App. LEXIS 11357 (1st Cir. Apr. 10, 2020). The use of an administrative warrant … Continue reading

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CA6: Officer in SW affidavit doesn’t have to state he was trained in recognizing odor of MJ

The officer did not have to specify in the affidavit for search warrant that he had specialized training in detecting the smell of marijuana for there to be probable cause. The government showed by a preponderance of the evidence the … Continue reading

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CA11: Officer reasonably mistook dog’s whimper inside for person in distress; entry valid

“The major question presented on appeal is whether it was reasonable for officers, mistaking a dog’s whimper for a person in distress, to enter Evans’s home without a warrant. Given the totality of the circumstances, we say yes.” United States … Continue reading

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NC: Flipping off officer not disorderly conduct; stop suppressed

Flipping off the officer wasn’t disorderly conduct justifying the stop. The community caretaking function also does not apply. State v. Ellis, 2020 N.C. LEXIS 363 (May 1, 2020). The state could not show that defendant’s statements were inevitably discovered from … Continue reading

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IA: Possible presence of runaway 14 yo not exigency for warrantless entry

A runaway child was not an exigency justifying a warrantless entry into defendant’s home. “Today we must decide if a police officer may enter a third party’s residence without a search warrant based on a verbal request from the Iowa … Continue reading

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