Category Archives: Community caretaking function

IL: ER blood draw was private search, and results were obtainable by process

Defendant’s ER blood draw after he was admitted for an accident was by a private actor, and the results are obtainable by the state and admissible. People v. Mueller, 2021 IL App (2d) 190868, 2021 Ill. App. LEXIS 227 (May … Continue reading

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CA10: Towing def’s car rather than leaving where it was wasn’t shown to be justified

Defendant’s car on his arrest would have been left on a motel parking lot, and the government didn’t show that this was a reasonable choice. Impoundment was thus unnecessary for community caretaking, and the denial of the motion to suppress … Continue reading

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N.-M.: “Health and welfare” check justification for search of off-base housing was shown in IAC claim to be subterfuge

Defense counsel was ineffective for not raising the issue that the “health and welfare” check justification for searching his off-base housing was really a subterfuge for a criminal search. United States v. McCall, 2021 CCA LEXIS 206 (N.-M. Ct. Crim. … Continue reading

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ScotusBlog: “Possible cause”: Court seems poised to allow warrantless community caretaking entries into the home

ScotusBlog: “Possible cause”: Court seems poised to allow warrantless community caretaking entries into the home by Lenese Herbert:

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SD: Local officers called tribal officers and respected tribal authority before arresting def

Defendant was wanted for assault and found at an Indian casino hotel on a reservation. They took him into custody and towed his vehicle. The search of his hotel room and vehicle by search warrants was reasonable and respected tribal … Continue reading

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CO: Impoundment of car legally parked in residential neighborhood unreasonable; no community caretaking need

Defendant was arrested, and his vehicle, lawfully parked in a residential neighborhood, was unreasonably impounded and towed. There was no community caretaking function need. People v. Thomas, 2021 COA 23, 2021 Colo. App. LEXIS 268 (Feb. 25, 2021). Syllabus by … Continue reading

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CA8: QI denied for entering the wrong house at 3 am looking for taxi fare skipper

Police looking for a taxicab fare skipper at 3 am found a door to a garage ajar and entered plaintiffs’ home with guns drawn. They encountered plaintiffs outside their bedroom but never found the fare skipper. Plaintiffs sued. The court … Continue reading

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Reason: SCOTUS To Decide if Cops Need More ‘Elbow Room’ To Conduct Certain Warrantless Home Searches

Reason: SCOTUS To Decide if Cops Need More ‘Elbow Room’ To Conduct Certain Warrantless Home Searches by Damon Root (“A new case tests the limits of the “community caretaking exception” to the Fourth Amendment.”)

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IL: A stop and a frisk require independent factual bases

Stop and frisk are separate questions in their justification and scope, citing Terry. People v. Baker, 2020 IL App (2d) 180300, 2020 Ill. App. LEXIS 880 (Dec. 22, 2020). Police came for a wellness check on defendant’s mother. The search … Continue reading

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D.Md.: Taking driver’s cell phone with DL during traffic stop unreasonably extended stop and violated 4A

Taking defendant’s cell phone with DL during a traffic stop unreasonably extended the stop and was in excess of the purpose of a traffic stop. United States v. Morganstern, 2020 U.S. Dist. LEXIS 240746 (D. Me. Dec. 22, 2020). A … Continue reading

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OH2: Inventory and tow of vehicle disabled in accident was reasonable under community caretaking function

Defendant’s vehicle was inventoried and then towed by Dayton PD because it was disabled after an accident blocking a busy intersection. There was no warning to defendant it was going to happen. It was within the community caretaking function of … Continue reading

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SCOTUS: Cert grant: “Whether the ‘community caretaking’ exception to the Fourth Amendment’s warrant requirement extends to the home.”

Caniglia v. Strom, 20-157 (ScotusBlog): Issue: Whether the “community caretaking” exception to the Fourth Amendment’s warrant requirement extends to the home.

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KS: Looking in purse of unconscious driver was reasonable

The emergency aid exception applied: “Officer Brown searched Smith’s purse seeking Smith’s identity and any information that would explain the nature of Smith’s condition and the best means of treating it. When the officer made this decision, the paramedics were … Continue reading

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Cal.4th: Google turning over CP to NCMEC was private search

Google found child pornography in emails and submitted them to NCMEC. This was a private search (which is explained in detail). It is no different than the search in Jacobsen. People v. Wilson, 2020 Cal. App. LEXIS 976 (4th Dist. … Continue reading

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D.Minn.: SW for ion scan of door for presence of drugs was at least subject to GFE

The search warrant here for swabbing defendant’s door for an ion scan to determine presence of drugs didn’t describe what the ion scan would show. The existence of case law from at least 1999 supporting ion scan warrants satisfies good … Continue reading

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The Intercept: Her Former Colleagues Called in a “Wellness Check.” Then Police Shot Her to Death.

The Intercept: Her Former Colleagues Called in a “Wellness Check.” Then Police Shot Her to Death. by Natasha Lennard (“The killing of Sandy Guardiola at the hands of a cop illustrates the limitations of brutal, armed police responding to community … Continue reading

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CA8: Community caretaking entry still justified protective sweep

Police came to defendant’s house for a community caretaking call, and they heard a person inside calling for help. They knew defendant was on probation for firearms, that he had a history of drug use, and that he had surveillance … Continue reading

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WI: Impoundment of car because def was merely ticketed for not having a valid license was unreasonable

Defendant was stopped for speeding, and he was found without a license. The police didn’t arrest him, just ticketed him. Impounding his car and inventorying it was unreasonable under the circumstances, and this was not a reasonable exercise of the … Continue reading

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CA9: Not precisely following CHP inventory policy doesn’t make it unreasonable

Not precisely following CHP policy in filing out the inventory papers didn’t per se make the inventory search unreasonable. United States v. Magdirila, 2020 U.S. App. LEXIS 19477 (9th Cir. June 23, 2020). The community caretaking function of police permitted … Continue reading

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KY: Criminal history check during traffic stop is reasonable; the officer needs to know who he or she is dealing with

The stop had not concluded, and it wasn’t unreasonably extended by the officer. Criminal history checks are reasonable. “Accordingly, the officer may take reasonable steps to ascertain whether the persons with whom he is dealing might be dangerous. To this … Continue reading

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