{"id":37551,"date":"2019-05-05T14:03:26","date_gmt":"2019-05-05T19:03:26","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=37551"},"modified":"2019-05-05T14:03:26","modified_gmt":"2019-05-05T19:03:26","slug":"ut-community-caretaking-function-authorized-stop-of-def-asleep-on-mcdonalds-parking-lot-at-3-am","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=37551","title":{"rendered":"UT: Community caretaking function authorized stop of def asleep on McDonald&#8217;s parking lot at 3 am"},"content":{"rendered":"<p>Defendant was asleep in his car on a McDonald\u2019s parking lot with the motor running after midnight in the winter. A McDonald\u2019s employee finally got him awake and told him to leave. Defendant drove around the building and parked in the same spot. So they called the police. Checking on defendant was reasonable under the community caretaking exception. <a href=\"https:\/\/www.utcourts.gov\/opinions\/appopin\/State%20v.%20Smith20190502_20180101_75.pdf\">State v. Smith<\/a>, 2019 UT App 75, 2019 Utah App. LEXIS 75 (May 3, 2019).<\/p>\n<p>Obtaining IP information cannot be compared to CSLI, and it is not governed by Carpenter. United States v. Germain, 2019 U.S. Dist. LEXIS 74857 (D. Vt. May 3, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was asleep in his car on a McDonald\u2019s parking lot with the motor running after midnight in the winter. A McDonald\u2019s employee finally got him awake and told him to leave. Defendant drove around the building and parked in &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=37551\">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":[74],"tags":[],"class_list":["post-37551","post","type-post","status-publish","format-standard","hentry","category-community-caretaking-function"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/37551","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=37551"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/37551\/revisions"}],"predecessor-version":[{"id":37552,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/37551\/revisions\/37552"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=37551"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=37551"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=37551"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}