{"id":63662,"date":"2026-03-21T10:06:13","date_gmt":"2026-03-21T15:06:13","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=63662"},"modified":"2026-03-21T10:06:13","modified_gmt":"2026-03-21T15:06:13","slug":"cal-6-community-caretaking-function-cant-apply-just-to-keep-unlicensed-driver-from-driving","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=63662","title":{"rendered":"Cal.6: Community caretaking function can&#8217;t apply just to keep unlicensed driver from driving"},"content":{"rendered":"\n<p>\u201cIn this appeal, we examine the application of the Fourth Amendment&#8217;s community caretaking doctrine to vehicle impoundment. We consider whether a police officer&#8217;s decision to impound a driver&#8217;s vehicle pursuant to the Vehicle Code solely to prevent further illegal [unlicensed] driving satisfies the community caretaking function. We decide that it does not.\u201d <a href=\"https:\/\/www4.courts.ca.gov\/opinions\/documents\/H053314.PDF\">People v. Perez<\/a>, 2026 Cal. App. LEXIS 169 (6th Dist. Mar. 19, 2026).<\/p>\n\n\n\n<p>Police were called to an AutoZone for a car that was sitting outside running for three hours with no one in it. Police arrived and opened the door, making a plain view. This was within the community caretaking function. State v. Kiser, 2026-Ohio-952 (2d Dist. Mar. 20, 2026).*<\/p>\n\n\n\n<p>Defendant occasionally borrowed his mother\u2019s car when she let him because his was broken down. When it was stopped, he wasn\u2019t even in it. He had no standing to challenge the search. Beside, her consent would do. State v. Manzano-Legarda, 2026 Kan. LEXIS 34 (Mar. 20, 2026).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cIn this appeal, we examine the application of the Fourth Amendment&#8217;s community caretaking doctrine to vehicle impoundment. We consider whether a police officer&#8217;s decision to impound a driver&#8217;s vehicle pursuant to the Vehicle Code solely to prevent further illegal [unlicensed] &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=63662\">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":[74,24,34],"tags":[],"class_list":["post-63662","post","type-post","status-publish","format-standard","hentry","category-community-caretaking-function","category-consent","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63662","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=63662"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63662\/revisions"}],"predecessor-version":[{"id":63663,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63662\/revisions\/63663"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=63662"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=63662"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=63662"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}