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IA: Officer's looking in car for papers during accident investigation was not for "community caretaking function" when motorist was around

By John Wesley Hall, Jr.

Warrantless entry into defendant’s car at the scene of a three vehicle accident, when she was being attended to by paramedics to see if she was alright was not legally sustainable entry under the community caretaking function because she was still there and conversing with EMTs. The officer never asked for consent to look for the papers; he just went into the car. State v. Garrison, 2010 Iowa App. LEXIS 1075 (September 22, 2010): On his arrival, Bender spoke to Garrison, who was coherent enough to tell him she was experiencing some pain and was mobile enough to walk to a nearby ambulance when directed to do so. Bender did not ask her for her license or registration information at that or any other time, nor did he obtain her consent to search the vehicle...continue to full post

Full post as published by Fourth Amendment on September 26, 2010 (boomark / email).