{"id":2721,"date":"2009-01-16T18:52:54","date_gmt":"2008-11-29T07:41:42","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-11-29T07:41:42","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2721","title":{"rendered":"Cal.1st: Community caretaking function justification for a stop reserved in California; here, the facts would not justify it even if it were adopted"},"content":{"rendered":"

Community caretaking function is not found here to justify a stop in California. The question is left open for the future. People v. Madrid<\/a>, 168 Cal. App. 4th 1050, 85 Cal. Rptr. 3d 900 (1st Dist. 2008):<\/p>\n

In any event, assuming that the community caretaking exception may justify the stop of a moving vehicle, we conclude that given the facts known to Perez a reasonable officer would not have perceived a need to do so in this case. “[R]easonableness ‘depends “on a balance between the public interest and the individual’s right to personal security free from arbitrary interference by law officers,”‘ [citations].” (Maryland v. Wilson (1997) 519 U.S. 408, 411-412.) In engaging in this weighing process, courts must act as vigilant gatekeepers to ensure that the community caretaking exception does not consume the warrant requirement. (See Ray, supra, 21 Cal.4th at p. 477.)<\/p>\n

. . .<\/p>\n

The stop of appellant’s vehicle fails the reasonableness test. Initially, we note the stop was based on the officer’s observations of the passenger<\/em>. Clearly the balance would weigh more heavily in favor of the officer’s action if the officer believed the driver<\/em> was in great distress; an extremely ill driver is a danger not only to himself but to other members of the public as well. (See Wright I, supra, 7 S.W.3d at p. 158 (dis. opn. of Johnson, J.)
\n (emphasis the court’s) <\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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