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TX6: State failed to show community caretaking function stop was valid

By John Wesley Hall, Jr.

The state could not show that the defendant’s stop under the community caretaking doctrine was valid. The trial court’s finding is reversed. Travis v. State, 2010 Tex. App. LEXIS 6393 (Tex. App.––Texarkana August 5, 2010): Since “the purpose of the community caretaking exception is to allow an officer to “seize” and assist an individual whom he reasonably believes is in need of help, the first factor is entitled to the greatest weight.” Id. In this case, this factor undeniably weighs against admission since Poole testified Travis did not appear to be in distress. See id. at 277-78. Although there is record evidence that Travis was driving on a county road suggesting isolation, he may have been close to an intersection...continue to full post

Full post as published by Fourth Amendment on August 09, 2010 (boomark / email).