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Cal.1st: Community caretaking function justification for a stop reserved in California; here, the facts would not justify it even if it were adopted

By John Wesley Hall, Jr.

Community caretaking function is not found here to justify a stop in California. The question is left open for the future. People v. Madrid, 2008 Cal. App. LEXIS 2365 (1st Dist. November 26, 2008): In any event, assuming that the community caretaking exception may justify the stop of a moving vehicle, we conclude that given the facts known to Perez a reasonable officer would not have perceived a need to do so in this case. "[R]easonableness 'depends "on a balance between the public interest and the individual's right to personal security free from arbitrary interference by law officers,"' [citations]." (Maryland v. Wilson (1997) 519 U.S. 408, 411-412.) In engaging in this weighing process, courts must act as vigilant gatekeepers to ensure that the community caretaking exception does not consume the warrant requirement...continue to full post

Full post as published by Fourth Amendment on November 29, 2008 (boomark / email).