Category Archives: Community caretaking function

CT: Entry onto def’s deck was for community caretaking function

The officer’s entry onto defendant’s deck here was of a community caretaking function to inform defendant that a loved one was going to the hospital. It was like a knock-and-talk. State v. Kuehn, 2022 Conn. Super. LEXIS 2075 (Sep. 13, … Continue reading

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MA: Ptf stated claim for unjustified community caretaking entry to investigate alleged elder abuse

Plaintiff was caring for a 95-year-old retired priest. She stated a claim for a Fourth Amendment violation for a warrantless entry into her house, in part, under the community caretaking function without justification. Gallagher v. S. Shore Hosp., Inc., 2022 … Continue reading

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OH5: Both patdowns without RS

Defendant’s first minute-long patdown was unreasonable, but produced nothing. There was no separate reasonable suspicion for the second one. State v. Barcus, 2022-Ohio-2491, 2022 Ohio App. LEXIS 2355 (5th Dist. July 20, 2022). Police went to defendant’s house on a … Continue reading

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CA11: Absolute prosecutorial immunity doesn’t apply to failure to recall a material witness warrant leading to arrest

Absolute prosecutorial immunity does not apply to failure to recall a material witness warrant that caused a voluntary witness to be arrested later. Kassa v. Fulton Cty., Ga., 2022 U.S. App. LEXIS 19762 (11th Cir. July 18, 2022). There was … Continue reading

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MT: Welfare check of car was reasonable, but extending it was without RS

The officer was justified in a welfare check of defendant sleeping in his car, but it never developed into reasonable suspicion. The stop was unreasonably extended. State v. Zeimer, 2022 MT 96, 2022 Mont. LEXIS 479 (May 24, 2022). A … Continue reading

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MI: Merely passing money to a man in car who counted it is not RS

Merely passing money to a man in car who counted it is not reasonable suspicion. People v. Soulliere, 2022 Mich. LEXIS 798 (Apr. 22, 2022). Defendant was stopped for an alleged unsafe lane change and expired Pennsylvania tags. There was … Continue reading

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D.N.M.: Community caretaking seizure of car off private property unreasonable

The impoundment of the car defendant was driving (although not his, he has standing) was unjustified. It was on private property and not impeding any traffic. The community caretaking function did not justify it. There was no standardized impoundment policy, … Continue reading

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CA6: Officer’s opening car door was reasonable when semi-conscious driver couldn’t be roused

“The officers’ conduct up to and including Officer Mino’s decision to open the car’s passenger-side door fits within their role as community caretakers. As Mino testified at the suppression hearing, Mino believed that he and Anderson were responding to a … Continue reading

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CA6: Suicide note created exigency for welfare check

Defendant’s alleged suicide note created exigency for warrantless entry. “Prior to Remillard’s trial, several Ohio courts had held that exigent circumstances permit a police officer’s warrantless entry into a home to conduct a wellness check on a suicidal individual if … Continue reading

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UT: Searching a sleeping driver unreasonable; not community caretaking function

The state’s justification of rousting a person sleeping in a car was a seizure and not justified by the community caretaking function. The state bore the burden, and it failed. This was treated by the officers as a criminal investigation … Continue reading

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SD: Call about a mere “argument” at 2:48 am didn’t support def’s stop leaving apartment parking lot

The community caretaking exception did not apply to defendant’s stop leaving an apartment parking lot at 2:48 am. A child called the police about an argument in the house, but nothing in the call or the report from dispatch indicated … Continue reading

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CO: Prosecutor’s closing argument that def refused consent to searching for DNA sample was reversible error

Prosecutor’s argument defendant refused to consent to taking his DNA in a sex crime prosecution violated the Fourth Amendment and was error here. People v. Buckner, 2022 COA 14, 2022 Colo. App. LEXIS 163 (Feb. 3, 2022). The bodycam video … Continue reading

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AL: When DEA adopts a seizure for forfeiture, state courts lose jurisdiction to return property

When there’s a seizure for forfeiture and the DEA adopts it, the state court loses jurisdiction to return it. Hare v. Mack, 2022 Ala. LEXIS 8 (Jan. 21, 2022). Police responded to a shots fired call at an apartment where … Continue reading

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M.D.Pa.: Doctor had no REP in hospital’s patient records

A doctor working at a hospital had no reasonable expectation of privacy in patient records in the hospital’s computer system. United States v. Evers, 2021 U.S. Dist. LEXIS 200425 (M.D.Pa. Oct. 18, 2021). While a probationer is subject to broad … Continue reading

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M.D.Pa.: CSLI tracking by state court order was reasonable under federal law despite alleged state law violation

Defendant’s cell phone location information search was reasonable and constitutional under federal law despite an alleged violation of state law. United States v. Coles, 2021 U.S. Dist. LEXIS 143548 (M.D.Pa. Aug. 2, 2021). There was probable cause for the search … Continue reading

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OH1: Years old info of drug dealing coupled with current trash pull showing drug use was clearly stale; no GFE

Years old information of drug dealing in another county coupled with a trash pull of recent drug use (not trafficking) was stale, and the search warrant was clearly lacking probable cause. Therefore, the good faith exception does not apply. State … Continue reading

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CA9: Limited compelled information about rentals in City of LA not subject to REP

“Plaintiffs’ Fourth Amendment theories are without merit. The information sought by the Ordinance’s annual reporting requirement-including a given unit’s address, monthly rent, and other details routinely found in a ‘for-rent’ advertisement–does not give rise to a reasonable expectation of privacy. … Continue reading

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VA: “[T]he acquisition of real-time CSLI data to locate a fleeing murder suspect in an exigent circumstance is permissible under Carpenter.”

“[T]he acquisition of real-time CSLI data to locate a fleeing murder suspect in an exigent circumstance is permissible under Carpenter.” Moreno v. Commonwealth, 2021 Va. App. LEXIS 91 (June 15, 2021). The community caretaking exception did not justify officers’ opening … Continue reading

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W.D.Mo.: “Criminal history” in a warrant affidavit doesn’t necessarily mean convictions

The officer’s reference to “criminal history” in a warrant affidavit doesn’t necessarily mean convictions. Therefore, the court finds no Franks violation. Even striking that reference leaves probable cause. United States v. Woody, 2021 U.S. Dist. LEXIS 100605 (W.D. Mo. Apr. … Continue reading

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SCOTUS: Community caretaking function didn’t permit entry into unoccupied home to secure firearms when occupant left at request of police

The community caretaking function didn’t permit a warrantless entry into defendant’s home to secure his firearms after he left the home without them to get psychiatric help. He also asked that his guns not be seized when he left the … Continue reading

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