Category Archives: Community caretaking function

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):

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CA9: 911 call about suicide by overdose justified entry

Police received a 911 call about a suicide by overdose, and the entry into the premises was reasonable. Ames v. King County, 2017 U.S. App. LEXIS 660 (9th Cir. Jan. 13, 2017). Claimant failed to make a Fourth Amendment claim … Continue reading

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IL: Def stopped when he saw police lights but encounter was consensual and initiated by community caretaking function

Defendant pulled over because a police car fast approached him from behind, and the officer pulled in behind and turned on his take down light, they both stopped, and the officer walked up to the car with a flashlight in … Continue reading

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W.D.Mo.: Accidental muting of body recorder by officer’s body armor wasn’t due process violation

The officer testified that his body armor accidentally muted the microphone on the body recorder on his belt when he bent over, and this was not a due process violation. There was exigency here for a community caretaking function entry … Continue reading

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Two on community caretaking stops: one valid, one not

A convenience store operator called the police to say that a woman was stuck under a BMW in the parking lot. By the time the officer arrived, the car had left so he followed it observing no erratic driving or … Continue reading

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E.D.Mo.: Welfare check of def in car led to opening door and smelling MJ, and that’s PC

“But even if the police lacked probable cause to search the van immediately upon discovering it, the undersigned concludes that Officer Yadlosky was justified in opening the van door to check on the welfare of the occupant inside. Once the … Continue reading

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IN: Seizure of person justified under community caretaking function

A seizure of the person may be justified under the community caretaking function when the person appears so intoxicated or out of it that he’s a danger to himself or others. McNeal v. State, 2016 Ind. App. LEXIS 408 (Nov. … Continue reading

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N.D.Cal.: Lessee of car had standing: “Her actions evinced a possessory interest in the vehicle and its contents”

“The Court finds Defendant had an expectation of privacy because she was the lessee of the rental car. … Although there is some dispute as to whether Defendant renounced control over the car, the Court finds that Defendant’s possessory interest … Continue reading

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TN: Community caretaking function stop at least requires a factual basis

Two vehicles were stopped on the side of the highway and the driver of one was looking at the back of his truck. Then they started to leave and the officer stopped them. There was no reasonable suspicion for defendant’s … Continue reading

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CA8: Def’s admission to friend, relayed to police, that he was assaulting women in house justified warrantless entry

Defendant’s third hand reported admission he was serially assaulting two women in his house justified a warrantless entry. Defendant called his sister who called another who called the police that defendant had just assaulted a woman in his home and … Continue reading

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