Legal Topics

Criminal law — Driving under influence — Search and seizure — Detention — Community caretaking

May 03rd, 2022 in News by admin

Criminal law — Driving under influence — Search and seizure — Detention — Community caretaking — Officer who observed defendant’s running vehicle parked at closed business, with indicia that it had been in accident and puddle of urine next to it, had objectively reasonable basis for concern for defendant’s well-being — Officer was motivated solely by intent to aid and protect defendant, and officer’s actions of arousing unconscious driver and opening door to prevent driver from driving away fell within scope of the emergency — Motion to suppress is denied