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ND: Community caretaking function cannot apply to houses, but emergency exception does

By John Wesley Hall, Jr.

Community caretaking function cannot be used to enter a house, (noting that Cady involved a car). The emergency exception would apply instead. State v. Gill, 2008 ND 152, 2008 N.D. LEXIS 158 (August 28, 2008): [*P20] We have said that the emergency exception may be applied when the following requirements are met: (1) The police must have reasonable grounds to believe that there is an emergency at hand and an immediate need for their assistance for the protection of life or property. (2) The search must not be primarily motivated by intent to arrest and seize evidence. (3) There must be some reasonable basis, approximating probable cause, to associate the emergency with the area or place to be searched. Nelson, 2005 ND 11, 691 N.W.2d 218, P 12...continue to full post

Full post as published by Fourth Amendment on September 08, 2008 (boomark / email).