{"id":38661,"date":"2019-07-21T06:16:27","date_gmt":"2019-07-21T11:16:27","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=38661"},"modified":"2019-10-17T02:24:57","modified_gmt":"2019-10-17T07:24:57","slug":"cal-1-application-of-community-caretaking-function-doesnt-require-police-to-know-who-is-inside-just-that-somebody-reasonably-might-be","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=38661","title":{"rendered":"Cal.1: Application of community caretaking function doesn’t require police to know who is inside; just that somebody reasonably might be"},"content":{"rendered":"

The community caretaking function was satisfied here: \u201cAlthough in the present case the officers were not aware of a specific, known individual who might be in danger or might pose an imminent threat to others, as in some of these cases, the California Supreme Court’s decisions in both Ray and Stamper establish that if the circumstances suggest that such a person may be inside a dwelling, police may reasonably enter to determine whether in fact such a person is present.\u201d People v. Rubio<\/a>, 2019 Cal. App. LEXIS 653 (1st Dist. July 18, 2019).<\/p>\n

Omission of the details of some conversations didn\u2019t undermine probable cause. \u201cThe absence of a detailed or fuller description of these conversations hampers the Court’s ability to independently assess the reasonableness of Brennan’s interpretations of the communications. [\u00b6] Although inclusion of such information would have been the better practice, Brennan’s failure to have done so does not invalidate the warrant.\u201d United States v. Billins, 2019 U.S. Dist. LEXIS 119612 (W.D. N.Y. July 17, 2019),* adopted, 2019 U.S. Dist. LEXIS 178248 (W.D. N.Y. Oct. 15, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"

The community caretaking function was satisfied here: \u201cAlthough in the present case the officers were not aware of a specific, known individual who might be in danger or might pose an imminent threat to others, as in some of these … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[74,20],"tags":[],"class_list":["post-38661","post","type-post","status-publish","format-standard","hentry","category-community-caretaking-function","category-probable-cause"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/38661","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=38661"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/38661\/revisions"}],"predecessor-version":[{"id":40245,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/38661\/revisions\/40245"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=38661"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=38661"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=38661"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}