Category Archives: Community caretaking function

NM: Vehicle impoundment does not entirely depend upon there being an arrest of the driver; community caretaking function can justify it

An impoundment does not entirely depend upon there being an arrest of the driver. Usually, it does, but it certainly can if impoundment is required under the community caretaking function for some other reason. Here, defendant was taken to the … Continue reading

Posted in Community caretaking function, Inventory | Comments Off

OH4: Community caretaking function applies to unresponsive person in car

Officers did not seize defendant’s car when they approached and knocked on the window to rouse him. That was valid under the community caretaking function. They had reasonable suspicion, however, because he was disoriented, jittery, nervous, had dilated pupils, glassy … Continue reading

Posted in Community caretaking function | Comments Off

OH2: No record of suppression hearing brought up means no appellate review

The trial court’s denial of the motion to suppress couldn’t be considered on appeal because the record of the hearing was never filed for the appeal. State v. Tscheiner, 2017-Ohio-7641, 2017 Ohio App. LEXIS 3962 (2d Dist. Sept. 15, 2017). … Continue reading

Posted in Burden of pleading, Community caretaking function | Comments Off

IA: Officer’s checking on car parked on rural road at 1 am was valid welfare check

The officer stopped to check on the welfare of defendant parked on the side of a rural road at 1 am. This was a bona fide welfare check and not a criminal investigation, and it was reasonable. State v. Coffman, … Continue reading

Posted in Community caretaking function, Standards of review | Comments Off

WI: Community caretaking function can support impoundment and inventory despite lack of standardized procedures

Defendant matched the description of a man wanted for robbery and a probation violation. He was found on the property of a storage unit company. After his arrest, his vehicle was parked between two rows of buildings, blocking one unit … Continue reading

Posted in Community caretaking function, Inventory | Comments Off

IN: Def was stuck under car at gas station then freed herself before officer got over there; stop under community caretaking function was unreasonable

Defendant was stuck under her car at a gas station when the officer saw her. He started toward her and she freed herself, got in the car and was attempting to drive away when the officer stopped her. Surveying cases … Continue reading

Posted in Automobile exception, Community caretaking function | Comments Off

MO: A body between apartments justified an entry to see if there were other victims

Police get a call about women screaming and yelling and a body between two buildings. They show up and circumstances connect them to an apartment. A community caretaking function search for another victim is proper. State v. Shegog, 2017 Mo. … Continue reading

Posted in Burden of proof, Community caretaking function | Comments Off

NJ permits limited search of the console when the def makes a half-hearted attempt to locate the papers for the vehicle

New Jersey again permits a limited search of the console [and likely glove compartment] when the defendant makes a half-hearted attempt to locate the papers for the vehicle. This is a limited search for the papers only, which would be … Continue reading

Posted in Community caretaking function, Reasonableness | Comments Off

OH11: Getting beat up in a bar fight permits a community caretaking search of your person

Defendant was beat up in a bar fight. He bled all over his shirt and his jaw was swollen. He rejected efforts for medical help, but the officer’s stop of him was reasonable under the community caretaking function. That community … Continue reading

Posted in Community caretaking function, Reasonable suspicion | Comments Off

OH10: Officers could open defendant’s car door when he was apparently passed out in the front seat

Officers could open defendant’s car door when he was apparently passed out in the front seat. State v. Hall, 2017-Ohio-446, 2017 Ohio App. LEXIS 441 (10th Dist. Feb. 7, 2017):

Posted in Community caretaking function | Comments Off