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. 14, 2016):

P16 In assessing whether the community caretaking function justifies the warrantless seizure of a person, the trial court must determine: “(1) that a seizure within the meaning of the [F]ourth [A]mendment has occurred; (2) if so, whether the police conduct was bona fide community caretaker activity; and (3) if so, whether the public need and interest outweigh the intrusion upon the privacy of the individual.” Kramer, 759 N.W.2d at 605. During the second step—i.e., whether the police conduct was bona fide community caretaker activity—”a court considers whether police conduct is ‘totally divorced from the detection, investigation, or acquisition of evidence relating to the violation of a criminal statute.'” Id. at 606 (quoting Cady, 413 U.S. at 441). This determination is based on an examination of the totality of the circumstances as they existed at the time of the police officer’s conduct. Id. at 608. While a police officer’s subjective intent may be a factor to consider in the totality of the circumstances, when “an objectively reasonable basis for the community caretaker function is shown, that determination is not negated by the officer’s subjective law enforcement concerns.” Id. The third step—the balance of public needs against individual privacy interests—assesses whether the officer’s exercise of his or her community caretaker function was reasonable. Id. at 610. “The stronger the public need and the more minimal the intrusion upon an individual’s liberty, the more likely the police conduct will be held to be reasonable.” Id. at 611. In balancing these interests, the court considers: (1) the degree of the public interest and the exigency of the situation; (2) the attendant circumstances surrounding the seizure, including time, location, and the degree of overt authority and force displayed; (3) whether an automobile is involved; and (4) the availability, feasibility, and effectiveness of alternatives to the type of intrusion actually accomplished. Id.

P17 In the present case, there is no dispute that Officer Helton seized McNeal within the meaning of the Fourth Amendment when he handcuffed him and had him remain seated on the sidewalk while waiting for medics to arrive. Turning to the second prong, Officer Helton articulated an objectively reasonable basis for detaining McNeal that was wholly unrelated to any criminal investigative duties. Officer Helton testified that he detained McNeal out of concern for his safety. In addition to McNeal appearing to be in “dire straits medically,” Tr. at 14, he had already fallen on the sidewalk twice, one time falling over Kemo. The objective facts that existed at the time of the detention indicated that McNeal was endangering himself and others. Moreover, Officer Helton’s subjective belief matched the objectively reasonable basis for detaining McNeal. Officer Helton testified that he believed that McNeal was in need of medical assistance, and the officer denied that he was investigating McNeal for any criminal activity. Id. at 31. Based upon these facts, we conclude that Officer Helton was engaged in a bona fide community caretaking function.

P18 In determining whether Officer Helton’s conduct was reasonable under the third prong of the analysis, we balance the public interest or need that was furthered by Officer Helton’s conduct against the degree and nature of the restriction upon McNeal’s liberty interests. The public interest in assuring that police render aid to a citizen who appears to be in severe medical distress and in need of immediate care, and who voluntarily and literally stumbles upon the officer and engages his attention, is incredibly high. Officer Helton was already performing his community caretaking function in checking the welfare of Kemo, who was lying face down on a public sidewalk, when McNeal interrupted and interfered, bringing his own apparent medical distress to light. Officer Helton did not exercise any overt authority over McNeal until McNeal had already fallen twice, and the officer’s requests for McNeal to stay seated for his own safety, and the safety of others, went unheeded. No vehicle was involved here, so that factor is irrelevant. Regarding the availability, feasibility, and effectiveness of alternatives to the type of intrusion actually accomplished, the facts indicate that handcuffing McNeal until medics could [*15] arrive was the most feasible, effective, and least intrusive means for Officer Helton to secure McNeal’s safety and to prevent additional potential hazards from materializing.