{"id":51924,"date":"2022-03-26T05:03:15","date_gmt":"2022-03-26T10:03:15","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=51924"},"modified":"2022-03-26T05:04:05","modified_gmt":"2022-03-26T10:04:05","slug":"ca6-officers-opening-car-door-when-semi-conscious-driver-couldnt-be-roused-was-reasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=51924","title":{"rendered":"CA6: Officer’s opening car door was reasonable when semi-conscious driver couldn’t be roused"},"content":{"rendered":"\n

\u201cThe officers’ conduct up to and including Officer Mino’s decision to open the car’s passenger-side door fits within their role as community caretakers. As Mino testified at the suppression hearing, Mino believed that he and Anderson were responding to a possible overdose and that they would need to render aid. \u2026 At the scene, Mino’s belief appeared to be reasonable as neither he nor Anderson could get the vehicle’s occupants to stir, despite it being the middle of the afternoon and the officers banging on the windows and yelling at the occupants. \u2026\u201d United States v. Mason<\/a>, 2022 U.S. App. LEXIS 7726 (6th Cir. Mar. 23, 2022).<\/p>\n\n\n\n

The affidavit here was fairly detailed, and that means it was not bare bones. United States v. Shafer<\/a>, 2022 U.S. App. LEXIS 7757 (2d Cir. Mar. 24, 2022).*<\/p>\n\n\n\n

The encounter with defendant on a business parking lot at midnight was a seizure. A reasonable person would not feel free to leave. The stop was also without reasonable suspicion on the totality. State v. Lamb<\/a>, 2022 Tex. App. LEXIS 1955 (Tex. App. \u2014 Austin Mar. 24, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cThe officers’ conduct up to and including Officer Mino’s decision to open the car’s passenger-side door fits within their role as community caretakers. As Mino testified at the suppression hearing, Mino believed that he and Anderson were responding to a … Continue reading →<\/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":[74,11,35],"tags":[],"class_list":["post-51924","post","type-post","status-publish","format-standard","hentry","category-community-caretaking-function","category-good-faith-exception","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51924","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=51924"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51924\/revisions"}],"predecessor-version":[{"id":51926,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51924\/revisions\/51926"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=51924"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=51924"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=51924"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}