Police received a call from a liquor store operator that a man was passed out in a car behind the store. When they got there, the man was getting in the car. The community caretaking function still applied because of the possibility the man was under the influence if he was passed out or asleep shortly before. And, this was behind a liquor store, not just anywhere. Therefore, the stop was justified, and they didn’t have to let him go on his way just because he was now awake. Defendant ultimately consented to a breath test. State v. Henry, 2018 Tenn. Crim. App. LEXIS 790 (Oct. 23, 2018).
Defendant argues against the logical and fairly strong inferences that supported issuing a search warrant for her home. Still, on the totality, probable cause was clearly shown. United States v. Ejiofor, 2018 U.S. App. LEXIS 29832 (10th Cir. Oct. 23, 2018).*