{"id":47480,"date":"2021-02-27T08:43:13","date_gmt":"2021-02-27T13:43:13","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=47480"},"modified":"2021-02-27T08:43:13","modified_gmt":"2021-02-27T13:43:13","slug":"co-impoundment-of-car-legally-parked-in-residential-neighborhood-unreasonable-no-community-caretaking-need","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=47480","title":{"rendered":"CO: Impoundment of car legally parked in residential neighborhood unreasonable; no community caretaking need"},"content":{"rendered":"\n<p>Defendant was arrested, and his vehicle, lawfully parked in a residential neighborhood, was unreasonably impounded and towed. There was no community caretaking function need. <a href=\"http:\/\/www.courts.state.co.us\/Courts\/Court_of_Appeals\/Opinion\/2021\/17CA2132-PD.pdf\">People v. Thomas<\/a>, 2021 COA 23, 2021 Colo. App. LEXIS 268 (Feb. 25, 2021).  Syllabus by the court:<\/p>\n\n\n\n<!--more-->\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\"><p>A division of the court of appeals considers the novel question whether the community caretaking exception to the Fourth Amendment&#8217;s warrant requirement permits a police officer to impound a vehicle whenever the driver is arrested and no one else is present to take custody of the vehicle. The division concludes that the answer is &#8220;no.&#8221; Because the prosecution here did not show that the seizure furthered a valid community caretaking function, impounding the legally parked vehicle from a residential neighborhood was unreasonable. The evidence discovered during the subsequent inventory search of the vehicle was therefore inadmissible. Accordingly, the division reverses the defendant&#8217;s convictions depending on that evidence.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>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 &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=47480\">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":[74,39],"tags":[],"class_list":["post-47480","post","type-post","status-publish","format-standard","hentry","category-community-caretaking-function","category-inventory"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47480","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=47480"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47480\/revisions"}],"predecessor-version":[{"id":47481,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47480\/revisions\/47481"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=47480"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=47480"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=47480"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}