{"id":57961,"date":"2024-05-24T00:00:00","date_gmt":"2024-05-24T05:00:00","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=57961"},"modified":"2024-05-23T17:28:23","modified_gmt":"2024-05-23T22:28:23","slug":"ca2-unlicensed-and-uninsured-motorcycle-parked-on-street-was-subject-to-community-caretaking-function-when-def-was-arrested","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=57961","title":{"rendered":"CA2: Unlicensed and uninsured motorcycle parked on street was subject to community caretaking function when def was arrested"},"content":{"rendered":"\n

\u201cBecause Owens’s motorcycle was on a public street with no displayed license plate and was uninsured, the community caretaking function applied, even though it was parked at the time of his arrest.\u201d Owens v. Fitzgerald<\/a>, 2024 U.S. App. LEXIS 12292 (2d Cir. May 22, 2024).<\/p>\n\n\n\n

\u201cThe fact that the informant provided information \u2018in lieu of criminal charges\u2019 could plausibly support either the informant’s veracity or a lack thereof.\u201d No probable cause shown. \u201cNotwithstanding that conclusion, however, the court does not find that the warrant affidavit was so lacking of indicia of probable cause that it could not be reasonably relied upon by law enforcement.\u201d United States v. Torres, 2024 U.S. Dist. LEXIS 90526 (D. Utah May 20, 2024).*<\/p>\n\n\n\n

\u201cThree of the four Brown factors weigh in favor of the State. Weighing the factors together, we are satisfied that the confession in this case was sufficiently attenuated from the taint of any illegal arrest.\u201d Rodriguez v. State, 2024 Tex. App. LEXIS 3508 (Tex. App. \u2013 San Antonio May 22, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cBecause Owens’s motorcycle was on a public street with no displayed license plate and was uninsured, the community caretaking function applied, even though it was parked at the time of his arrest.\u201d Owens v. Fitzgerald, 2024 U.S. App. LEXIS 12292 … 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":[75,74,11,44],"tags":[],"class_list":["post-57961","post","type-post","status-publish","format-standard","hentry","category-attenuation","category-community-caretaking-function","category-good-faith-exception","category-informant-hearsay"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57961","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=57961"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57961\/revisions"}],"predecessor-version":[{"id":57962,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57961\/revisions\/57962"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=57961"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=57961"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=57961"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}