OH4: Community caretaking function applies to unresponsive person in car

Officers did not seize defendant’s car when they approached and knocked on the window to rouse him. That was valid under the community caretaking function. They had reasonable suspicion, however, because he was disoriented, jittery, nervous, had dilated pupils, glassy eyes, appeared to be under the influence of drugs or alcohol, had broken speech, and at times was unresponsive. State v. Windle, 2017-Ohio-7813, 2017 Ohio App. LEXIS 4154 (4th Dist. Sept. 15, 2017).

Defendant was drunk and waving around a gun scaring his girlfriend’s children who called 911. When they got to the house they saw him with the gun and he was a FIPF. United States v. Bustamante-Martinez, 2017 U.S. App. LEXIS 18560 (4th Cir. Sept. 26, 2017).*

This entry was posted in Community caretaking function. Bookmark the permalink.

Comments are closed.