Category Archives: Community caretaking function

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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D.D.C.: Community caretaking function doesn’t apply well to seizures; seizure and frisk suppressed

Officers responded to a drive-by shooting allegedly picked up by ScatterShot. Officers grabbed defendant’s arm ostensibly to see if he’d been shot, and it was readily apparent that he had not been, and he denied it. The community caretaking function … Continue reading

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CA9: Seizure of a vehicle for 30 days for no DL without alternatives was unreasonable

Plaintiffs get summary judgment on their damages claim against the County and officers for impounding vehicles if the driver never had a valid DL rather than letting others take the vehicle. It was an unreasonable seizure. The state has a … Continue reading

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MN: Drunk sleeping man who’d just threatened woman with gun could be frisked for weapon under emergency exception, but not Terry

Defendant was drunk in a house allegedly threatening a woman and her infant child with a gun. He passed out. She called the police. The police entered, and defendant was asleep on the couch. They patted him down for a … Continue reading

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TN: Police get a call about a passed out parked car driver, but when they get there he’s out of the car; under community caretaking function they can still inquire what’s going on

Police received a call from a liquor store operator that a man was passed out in a car behind the store. When they got there, the man was getting in the car. The community caretaking function still applied because of … Continue reading

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D.S.D.: Community caretaking function permitted search of unconscious person’s bag for source of his condition

Police responding to a medical emergency found defendant unconscious in his bathroom with a belt tourniquet at his arm and a brown liquid in a syringe. That was not a sign of diabetes shock. It was reasonable under Eighth Circuit … Continue reading

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Hard|OCP: Invite Police Officers into Your Home with Apple Watch’s Auto-911 Feature

Hard|OCP: Invite Police Officers into Your Home with Apple Watch’s Auto-911 Feature: Legal professionals are warning the Apple Watch could open owners up to criminal liability due to a new feature that automatically dials 911 if it senses the wearer … Continue reading

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ME: Def’s jacket she was sitting on when arrested was properly subject to search incident

Defendant’s jacket was still associated with her when she was arrested, and it was properly subject to a search incident even though she was handcuffed and sitting on it. The validity of the search incident, however, did not translate into … Continue reading

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OH12: No return of storage media holding CP

Defendant sought return of the electronic storage media containing child pornography. Denied. State v. Van Tielen, 2018-Ohio-3421, 2018 Ohio App. LEXIS 3715 (12th Dist. Aug. 27, 2018). The officer opened defendant’s van door because he was justifiably looking for a … Continue reading

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N.D.Ga.: Alleged isolated violation of Posse Comitatus Act doesn’t require exclusion

Alleged isolated violation of Posse Comitatus Act doesn’t require exclusion. McGill v. United States, 2018 U.S. Dist. LEXIS 142130 (N.D. Ga. Aug. 22, 2018). Trash cans were left at the street for collection of the contents, so there was no … Continue reading

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CA2: Def called 911 about a prowler; when police arrived he at least implicitly if not explicitly consented to police and dog entry

Defendant called 911 about a prowler possibly inside, and he consented at least implicitly if not explicitly to entry of the responding officer and his dog which then alerted to drugs. The entry was reasonable and consensual. United States v. … Continue reading

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