Category Archives: Community caretaking function

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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Cal.1: Application of community caretaking function doesn’t require police to know who is inside; just that somebody reasonably might be

The community caretaking function was satisfied here: “Although in the present case the officers were not aware of a specific, known individual who might be in danger or might pose an imminent threat to others, as in some of these … Continue reading

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ND: Knock on car window when def asleep inside with engine running was within community caretaking function

Defendant was unresponsive in a parked car with the engine running. “The officer’s knocking on Bridgeford’s vehicle window was within the scope of the officer’s community caretaking function. Because the officer was acting within his role as a community caretaker, … Continue reading

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UT: Community caretaking function authorized stop of def asleep on McDonald’s parking lot at 3 am

Defendant was asleep in his car on a McDonald’s parking lot with the motor running after midnight in the winter. A McDonald’s employee finally got him awake and told him to leave. Defendant drove around the building and parked in … Continue reading

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IN: Walk through of house for non-investigatory reason after unconscious person taken to hospital justified by community caretaking function

Officers responded to a 911 call that a child was unconscious. After the child went to the hospital and the parent went in police vehicle, an officer at the scene did a walk through to insure there was no one … Continue reading

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