{"id":9023,"date":"2013-07-07T07:13:47","date_gmt":"2013-07-08T00:12:43","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-07-07T07:13:47","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=9023","title":{"rendered":"TN: Community caretaking function justified officer opening door to car to awaken a sleeping driver"},"content":{"rendered":"<p>Community caretaking function justified officer opening door to car to awaken a sleeping driver to see what was wrong. <a href=\"http:\/\/www.tsc.state.tn.us\/sites\/default\/files\/lowepatricktimothy.pdf\">State v. Lowe<\/a>, 2013 Tenn. Crim. App. LEXIS 581 (July 5, 2013):<\/p>\n<p><!--more--><\/p>\n<blockquote><p>He had received information that a driver was slumped over inside a vehicle and that a citizen had tried to assist but found the driver to be unresponsive. Because Officer Cardwell&#8217;s objective was to ascertain whether appellant was in distress, this encounter also clearly falls within the permissible boundaries of the community caretaking function. Officer Cardwell needed no objective justification for his encounter with appellant; however, his receiving a report from a concerned citizen, taken together with his observing a driver slumped forward in a vehicle and his unsuccessfully attempting to rouse the driver, clearly justified his action in opening appellant&#8217;s car door and awakening him.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=9023\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-9023","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9023","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=9023"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9023\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9023"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9023"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9023"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}