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NH: Possible injured person justified community caretaking entry

By John Wesley Hall, Jr.

Police entry into premises was based on community caretaking function for an occupant who could not care for himself. While he was seen earlier and was fine, the police had facts that indicated that he wasn’t. State v. Labarre, 2010 N.H. LEXIS 21 (March 25, 2010): The events of March 24 reinforced the possibility that Countie was injured. In the defendant's phone call at 1:00 a.m., Countie could be heard vomiting on the audio tape and the defendant said he had fainted. Although the defendant told the officers and Countie's family that he had left, the police had reason to believe she was lying. She had previously lied to the police when they went to her home on February 24 to see if Countie was there. The defendant initially told them he was not there but then brought him to the door...continue to full post

Full post as published by Fourth Amendment on March 29, 2010 (boomark / email).