{"id":4003,"date":"2010-06-06T13:37:32","date_gmt":"2010-03-29T07:44:05","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-03-29T07:58:15","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4003","title":{"rendered":"NH: Possible injured person justified community caretaking entry"},"content":{"rendered":"

Police entry into premises was based on community caretaking function for an occupant who could not care for himself. While he was seen earlier and was fine, the police had facts that indicated that he wasn\u2019t. State v. Labarre<\/a>, 992 A.2d 73 (N.H. 2010):<\/p>\n

The events of March 24 reinforced the possibility that Countie was injured. In the defendant’s phone call at 1:00 a.m., Countie could be heard vomiting on the audio tape and the defendant said he had fainted. Although the defendant told the officers and Countie’s family that he had left, the police had reason to believe she was lying. She had previously lied to the police when they went to her home on February 24 to see if Countie was there. The defendant initially told them he was not there but then brought him to the door. The officers also knew that the defendant had a history of arguing with partners who left her home but returned later. All of these facts were enough to cause \u201ca person of reasonable caution\u201d to believe that Countie might have been injured and at the defendant’s residence. … [\u00b6] The record also demonstrates that the police entered the defendant’s property to check on Countie’s well-being, not to investigate a crime. <\/p><\/blockquote>\n

Illegal turn and smell of marijuana coming from defendant\u2019s car was PC to search. State v. Cox<\/a>, 2010 Ohio 1227, 2010 Ohio App. LEXIS 1008 (10th Dist. March 25, 2010).*<\/p>\n

Under Pennsylvania\u2019s \u201climited automobile exception,\u201d the exigent circumstances can evaporate [like in search incident] because the defendant was in custody. Here, the third prong of plain view failed on this ground. However, it was harmless error because of the overwhelming other evidence in the case. Commonwealth v. Brown<\/a>, 2010 PA Super 27, 2010 Pa. Super. LEXIS 79 (March 2, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-4003","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4003","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4003"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4003\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4003"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4003"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4003"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}