Post details: E.D.Va.: Unattended 4 year old child and no response from inside justified entry

10/18/09

Permalink 09:03:29 am, by fourth, 674 words, 127 views   English (US)
Categories: General

E.D.Va.: Unattended 4 year old child and no response from inside justified entry

Officer's entry into the house was to find the parents of an unsupervised four year old, so the community caretaking function applied. United States v. Taylor, 2009 U.S. Dist. LEXIS 95555 (E.D. Va. October 14, 2009):

Applying the community caretaking exception, the Court finds that the officer's entry into the home was unrelated to the detection, investigation, or attempt to acquire evidence of a crime. As required by the Fourth Circuit in Gwinn, nothing in the record suggests that Officer Ratliff's reason for the entry was pretextual or that he acted in bad faith. Applying the Sixth Circuit's Rohrig factors, it is clear that Officer Ratliff entered the home "to vindicate a compelling government interest" -- that of caring for lost children and returning them to their parent or guardian in a safe environment -- and that this is what motivated the officer, rather than a criminal investigation. "Life-or-death" circumstances did not exist, but they are not required. An officer is not expected to leave his common sense at home. He was looking for the child's parent or guardian, and the logical place to begin was at her home, especially given her age and the fact that she was found wandering outside not too far from her home. The Sixth Circuit's analysis balances the governmental interest being served -- caring for and returning lost children to their parent or guardian in a safe environment -- against the individual's interest in remaining free from governmental intrusions, and notes that the individual's conduct that has called the governmental interest into question can be considered -- in this case, the defendant's apparent failure to properly care for and supervise the four-year-old child is what called the governmental interest into question in this case. Further, when Ratliff entered the house he was not engaged in the "enterprise of ferreting out crime."

Applying the Ninth Circuit's test to our factual scenario, Officer Ratliff had reasonable grounds to believe that there was an immediate need for his assistance to protect the safety of a four-year-old child found wandering alone next to a busy city street, his entry into the house was not motivated by an intent to arrest or seize evidence but only to locate an adult who was responsible for the child, and the child led him to her home, creating a reasonable basis for him to associate the emergency of a lost child with the house at 2117 Bainbridge Street. If a responsible adult had responded to Ratliff's initial calls of "hello" and had provided identification demonstrating that he or she was the child's parent or guardian, that would have been the end of it. Indeed, when Ms. Lee arrived and Ratliff was able to determine that she was the child's mother, he left the child with her. Ratliff's entry into the house was limited to calling "hello" and trying to locate an adult responsible for the child. Thus, the Court finds that under the community caretaking exception, Officer Ratliff's entry into the house was reasonable and there was no violation of the Fourth Amendment.

Consent to search a motel room under a knock-and-talk permitted lifting a jacket which was unusually heavy and where a gun and cocaine were found. United States v. Adams, 2009 U.S. App. LEXIS 22485, 2009 FED App. 0363P (6th Cir. October 14, 2009).*

The totality of circumstances here gave reasonable suspicion for continuing the detention to bring in a drug dog, which alerted. United States v. Woods, 351 Fed. Appx. 259 (10th Cir. 2009).*

Inconsistencies between the officer's reports and his hearing testimony were not so serious as to make a Franks violation. United States v. Bush, 2009 U.S. Dist. LEXIS 95440 (N.D. N.Y. October 14, 2009).*

The officer had reasonable suspicion, including the faint odor of marijuana when he asked for consent. The consent was not restricted. Defendant's nervousness and it being in a high crime area also added to the RS. United States v. Muti, 2009 U.S. Dist. LEXIS 95418 (E.D. N.C. August 19, 2009) (USMJ R&R), adopted United States v. Muti, 2009 U.S. Dist. LEXIS 95420 (E.D. N.C. October 8, 2009).*

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