Home -> Law Blog Directory -> Public Defense Blogs -> Kansas Defenders
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Public Defense
: Kansas DefendersPublic safety stop comes up short [NOT FINAL]
Public safety stops fall under the police's community caretaking function, which expands beyond the police's role in investigating crime. Public safety stops are justified by the mobility of the automobile and the danger to the public. State v. Tucker, 19 Kan. App. 2d 920, 925, 878 P.2d 855 (1994). In analyzing the validity of a stop, the risks to the public that would occur if an immediate stop is not conducted must be weighed against the right of an individual to be free from such stops. "[W]here the danger to the public is clear, urgent, and immediate, the equation must be weighted in favor of protecting the public and removing the danger."
. . . .
In contrast to Tucker, where there was an immediate danger to the motoring public, the tip here raises no concern for other motorists and little concern for the driver of the Neon. The district court failed to consider the risk of harm involved if Huen had not immediately stopped the vehicle and had instead waited until more information was available. As stated in Tucker, the reliability of information provided by the tip must be considered in the totality of the circumstances, along with the risk of harm to the public. In this case, neither the amount of information provided by the tip nor the risk of harm to the public tips the scales in favor of a valid public safety stop. The caller did not say that anyone was injured. The officer did not observe any erratic driving that would indicate the driver of the vehicle might be injured. Huen testified he immediately pulled over the vehicle without observing it first to see if it appeared the driver was in distress. There was no testimony that traffic was heavy at the time, which might indicate a risk of danger to the public; also, the time at night would indicate that there probably was not heavy traffic posing a great risk to the public.
Further, Officer Huen did not state that the caller actually saw or heard the argument. On cross-examination Huen stated that the caller "reported hearing a male and a female arguing out in the yard"; the caller never stated there were any injuries or that anyone was harmed in the disturbance. Huen testified that the fact that the caller said someone was going to the hospital was his only indication that someone was injured.
Following up, the information provided by the anonymous caller was only partially verified by Huen before he made the stop. When Huen arrived at the location, he did not see anyone in a yard, and he did not speak to anyone regarding a disturbance. While he was at the location looking for the disturbance, he saw a car matching the description travel through an intersection within half a block of him. However, Huen did not verify that the driver was a male before initiating the stop. McCaddon argues that because Huen did not see the vehicle until approximately 10 minutes had passed since the caller stated the vehicle was leaving for the hospital, Huen should have assumed the vehicle would have been more than half a block away. The hospital was approximately 4 blocks from the location of the alleged disturbance. It was late at night, but Huen did not testify about the amount of traffic in the area at the time.
Finally, it does not appear that Officer Huen stopped McCaddon's vehicle primarily for public safety reasons. Huen's first reason for stopping the vehicle was to investigate the disturbance call.
Here is coverage on FourthAmendment.com.
Full post as published by Kansas Defenders on June 16, 2008 (boomark / email).
Firestone Tire Problems Raise Questions of Safety
Are Your Car Tires Safe?
How to Stop Home Foreclosure
Bankruptcy can Stop Foreclosure
Public Safety Radio
M/A-COM Inc. to pay $4 million settlement in overcharging lawsuit.
Cipro
The FDA is seeking to add black box warnings of the risk of tendon rupture associated with Cipro and Levaquin.
The ruptures can involve Achilles tendon, shoulder, hand, bicep or thumb tendons, and is especially increased in patients older than 60, or people who have received kidney, heart or lung transplants, as well as people on steroid therapy...
Evergreen
Wachovia, Settle Securities Allegations over Ultra Short Opportunities Fund
Final Fantasy XI
Square Enix Faces Class Action over Deceptive Fees and Payments
Parmalat SpA
Italy's biggest dairy company awaits final approval for a securities settlement that would pay investors $10.5 million
Safety Violations
Murphy Oil USA Inc. to pay $179,100 settlement in occupational safety violations lawsuit.

Gas lines long, fuses short causing public safety concerns www.privateofficer.com
Technology, smart guns, GPS tracking and a better Second Amendment
Short Story Competition: The Grand Final
New Proposal on Railroad Crossing Safety Will Do More Harm Than Good
Intro to Criminal Justice #1: Justice and Public Safety
Online Auto Safety Database Made Public







