D.S.D.: Community caretaking entry must be objectively reasonable and still be wrong

Officers’ legitimate concerns that a person inside a house was in danger or restrained, although wrong, were reasonable, and that authorized an entry under the community caretaking function. The fact they were wrong doesn’t matter if their belief was reasonable. United States v. Smith, 2014 U.S. Dist. LEXIS 160199 (D. S.D. September 5, 2014), adopted 2014 U.S. Dist. LEXIS 160253 (D. S.D. November 13, 2014).

Defendant is accused of using the internet to arrange a sexual liaison with a minor via a false Facebook page in the name of a young girl attempting to arrange sex with her older boyfriend. The search warrant for the Facebook account was particular, and the police could get a search warrant for anything that would connect to the internet in defendant’s possession, including his cell phone and computer. There was probable cause, and, in any event, the good faith exception applies. United States v. Cyr, 2014 U.S. Dist. LEXIS 160118 (D. Vt. November 14, 2014).*

Defendant’s stop by officers approaching his car in a high crime area was valid, and the scale on the seat was cause to inquire further. United States v. Mundy, 2014 U.S. App. LEXIS 21584, 2014 FED App. 0844N (6th Cir. November 12, 2014).*