AR: Community caretaking function justified opening car door of driver asleep in a parking lot at 4:30 am with engine running

Defendant was found in a parking lot at 4:30 am with his lights on and engine running, but asleep. Opening the door was within the community caretaking function. Szabo v. State, 2015 Ark. App. 512, 2015 Ark. App. LEXIS 591 (September 23, 2015).

Defendant was validly stopped at an immigration checkpoint and the officer asked to look in the trunk, which was permitted, and he saw suspicious wiring. The defendant then consented to a search of the whole car, and eight bundles of cocaine were found under the back seat. The stop and search were valid. United States v. Pulido, 2015 U.S. Dist. LEXIS 129878 (S.D. Tex. September 28, 2015).*

Defense counsel was not ineffective for not challenging a search of an RV where defendant didn’t have standing in the RV and disclaimed ownership of everything in it. Cartagena v. United States, 2015 U.S. Dist. LEXIS 129754 (S.D.N.Y. September 25, 2015).*

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