{"id":26213,"date":"2017-03-12T16:54:16","date_gmt":"2017-03-12T21:54:16","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=26213"},"modified":"2017-04-28T16:04:06","modified_gmt":"2017-04-28T21:04:06","slug":"in-def-was-stuck-under-car-at-gas-station-then-freed-herself-before-officer-got-over-there-stop-under-community-caretaking-function-was-unreasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=26213","title":{"rendered":"IN: Def was stuck under car at gas station then freed herself before officer got over there; stop under community caretaking function was unreasonable"},"content":{"rendered":"<p>Defendant was stuck under her car at a gas station when the officer saw her. He started toward her and she freed herself, got in the car and was attempting to drive away when the officer stopped her. Surveying cases from all over the country, the court concludes that a community caretaking stop would have been appropriate except for here because the defendant freed herself and obviously didn\u2019t need help. Stopping her after that was unreasonable. <a href=\"http:\/\/www.in.gov\/judiciary\/opinions\/pdf\/05121601pr.pdf\">M. O. v. State<\/a>, 2016 Ind. App. LEXIS 484 (May 12, 2016), case ordered expunged by changing name, 2017 Ind. LEXIS 203 (March 7, 2017) (see <a href=\"https:\/\/www.lexis.com\/research\/retrieve?cc=&#038;pushme=1&#038;tmpFBSel=all&#038;totaldocs=&#038;taggedDocs=&#038;toggleValue=&#038;numDocsChked=0&#038;prefFBSel=0&#038;delformat=FULL&#038;fpDocs=&#038;fpNodeId=&#038;fpCiteReq=&#038;expNewLead=id%3D%22expandedNewLead%22&#038;brand=&#038;_m=2d3278c62363be27cd942babfe288431&#038;searchType=&#038;docnum=5&#038;_fmtstr=FULL&#038;_startdoc=1&#038;wchp=dGLbVzt-zSkAl&#038;_md5=ddb610ccc82a7a3ae0c78aeb23567ad4&#038;gotont=y&#038;focBudTerms=community+caretaking&#038;focBudSel=all\">Treatise \u00a7 21.07<\/a>).<\/p>\n<p>Under Oregon\u2019s more narrow automobile exception rule, a parked car with the driver behind the wheel and the engine running is \u201cmobile\u201d enough to dispense with a search warrant. <a href=\"http:\/\/www.publications.ojd.state.or.us\/docs\/S063169.pdf\">State v. Andersen<\/a>, 361 Ore. 187, 2017 Ore. LEXIS 170 (March 9, 2017), revg 269 Ore. App. 705, 346 P.3d 1224 (2015).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was stuck under her car at a gas station when the officer saw her. He started toward her and she freed herself, got in the car and was attempting to drive away when the officer stopped her. Surveying cases &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=26213\">Continue reading <span class=\"meta-nav\">&rarr;<\/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":[36,74],"tags":[],"class_list":["post-26213","post","type-post","status-publish","format-standard","hentry","category-automobile-exception","category-community-caretaking-function"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26213","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=26213"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26213\/revisions"}],"predecessor-version":[{"id":26964,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26213\/revisions\/26964"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=26213"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=26213"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=26213"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}