CA2: Unlicensed and uninsured motorcycle parked on street was subject to community caretaking function when def was arrested

“Because Owens’s motorcycle was on a public street with no displayed license plate and was uninsured, the community caretaking function applied, even though it was parked at the time of his arrest.” Owens v. Fitzgerald, 2024 U.S. App. LEXIS 12292 (2d Cir. May 22, 2024).

“The fact that the informant provided information ‘in lieu of criminal charges’ could plausibly support either the informant’s veracity or a lack thereof.” No probable cause shown. “Notwithstanding that conclusion, however, the court does not find that the warrant affidavit was so lacking of indicia of probable cause that it could not be reasonably relied upon by law enforcement.” United States v. Torres, 2024 U.S. Dist. LEXIS 90526 (D. Utah May 20, 2024).*

“Three of the four Brown factors weigh in favor of the State. Weighing the factors together, we are satisfied that the confession in this case was sufficiently attenuated from the taint of any illegal arrest.” Rodriguez v. State, 2024 Tex. App. LEXIS 3508 (Tex. App. – San Antonio May 22, 2024).*

This entry was posted in Attenuation, Community caretaking function, Good faith exception, Informant hearsay. Bookmark the permalink.

Comments are closed.