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Tenth Circuit: Deputy ‘Trying to Help’ Doesn’t Make Search Permissible Under Community Caretaking Exception to Warrant Requirement

Loaded on July 15, 2020 by Douglas Ankney published in Criminal Legal News August, 2020, page 12
Filed under: Warrantless Searches, Community Caretaking Exception/Doctrine. Location: Utah.

by Douglas Ankney

The U.S. Court of Appeals for the Tenth Circuit ruled that a deputy trying to help a woman retrieve her belongings by opening the lid to a camper did not make a subsequent warrantless search lawful under the community-caretaking exception to the warrant requirement.

Deputy Buddy Clinton ...

 

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More from this issue:

  1. Police State: From Social Justice to Social Dominance, by Michael Fortino, Ph.D
  2. Sixth Circuit Vacates Firearms Possession Conviction; Government Showed Jury Unauthenticated Prejudicial Facebook Video Not Admitted as Evidence, by Matthew Clarke
  3. Tenth Circuit: Deputy ‘Trying to Help’ Doesn’t Make Search Permissible Under Community Caretaking Exception to Warrant Requirement, by Douglas Ankney
  4. Attacking the Guilty Plea: Establishing Prejudice in the Guilty Plea Context, by Dale Chappell
  5. Report Finds NYPD Officers Accidentally Deploy Tasers 25% of the Time, by Douglas Ankney
  6. California Supreme Court: § 459.5(b) Prohibits Charging Shoplifting and Theft for Same Property, by Douglas Ankney
  7. Fourth Circuit: IAC for Counsel’s Bad Advice That Open Plea Would Allow Appeal Denial of Motion to Suppress, by Dale Chappell
  8. Massachusetts Supreme Judicial Court: GPS Monitoring Unreasonable When It Doesn’t Further Any Governmental Interest, by Douglas Ankney
  9. D.C. Circuit Reverses Nearly 50-Year-Old Murder Conviction Over Faulty Hair Evidence, by Dale Chappell
  10. Minnesota Supreme Court: Non-Identifying Information About CI Must Be Disclosed Upon Request, by Anthony Accurso
  11. Michigan Supreme Court Announces Court Must Inform Defendant of Consecutive Sentencing Authority When Accepting Plea, by David Reutter
  12. Massachusetts Supreme Court: Officer’s Handling of Cellphone Exceeded Scope of Inventory Search, by Anthony Accurso
  13. Seventh Circuit Reverses Denial of Motion to Suppress Because Police Lacked Reasonable Suspicion to Frisk, by Douglas Ankney
  14. FOIA Redaction Limbo: How Low They Will Go, by Edward Lyon
  15. U.S. District Court Chooses Judicial Remedy, Instead of § 2255, to Allow Out-of-Time Appeal, by Dale Chappell
  16. California Court of Appeal: Trial Court Abused Discretion Denying Compassionate Release Where Statutory Criteria Are Met, by Dale Chappell
  17. Colorado Supreme Court: Warrant Allowing General Search of Cellphone Unconstitutional Violation of Particularity Requirement, by Douglas Ankney
  18. Eleventh Circuit Holds Georgia Terroristic Threats Conviction Overbroad for ACCA, by Dale Chappell
  19. Policing is irrelevant for public safety — but these alternatives are proven to work, by Justin Podur/Independent Media Institute, AlterNet.com
  20. Myth of Technology as an Equalizing Force in Criminal Justice, by Anthony Accurso
  21. Kansas Supreme Court: District Court Failed to Apprise Defendant of Right to Jury Trial, by Douglas Ankney
  22. Fourth Circuit Requests Further Information on Stingray Device to Determine Whether It Violates Fourth Amendment Rights, by Anthony Accurso
  23. Oklahoma Enacts Jailhouse Informant Law, Joins Other States, by Dale Chappell
  24. South Carolina Supreme Court Overturns Murder Conviction Where State Presented Improper Testimony Regarding Trace DNA Evidence, by Douglas Ankney
  25. Iowa Supreme Court Announces That ‘Good Cause’ in Newly Amended Appeals Statute Means ‘a Legally Sufficient Reason’, by Douglas Ankney
  26. South Carolina Supreme Court: State Cannot Appeal Guilty Plea, by David Reutter
  27. Two New Forensic DNA Standards Added to the OSAC Registry
  28. Big Brother, as Well as Big Business, Are Tracking You: the Snitch in Your Own Pocket, Purse, or Belt Holder, by Edward Lyon
  29. Neuroscience and Criminal Cases, by Jayson Hawkins
  30. Maine Supreme Judicial Court Vacates Conviction on Double Jeopardy Grounds, by Douglas Ankney
  31. Eighth Circuit Affirms Habeas Relief Decades After Conviction Because Prosecutor Destroyed Evidence Prior to Trial, by Dale Chappell
  32. Eleventh Circuit Vacates Firearm Conviction Based on Rehaif, by Douglas Ankney
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  34. Never Convicted but Never Exonerated, Either, by Edward Lyon
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  37. Idaho Exoneree Fights for Wrongful Conviction Compensation, by Edward Lyon
  38. Fifth Circuit Clarifies AEDPA Time Limit Tolling for Louisiana Prisoners Filing Federal Habeas Corpus, by Dale Chappell
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  41. Fulton County Prosecutor in Georgia to Expunge MLK and Other Civil Rights Leaders’ Records, But not Everyone Agrees, by Michael Fortino, Ph.D
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  44. Strategies to Help Police Address Citizens With Special Needs, by Anthony Accurso
  45. Devastating Consequences of Chicago Gang Database – And No Way to Be Removed, by Bill Barton
  46. New Method to Determine Time of Death for Forensic Investigators, by Kevin Bliss
  47. Using Doctor-Prescribed Marijuana Could Send Some People Back to Prison, by Douglas Ankney
  48. Minnesota Lab Figures Out How to Tell Between Legal Hemp and Illegal Marijuana, by Dale Chappell
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  50. Small Forensics Lab Finds Niche in Analyzing Tiniest Bits of Evidence, by Dale Chappell
  51. $8 Million Settlement for Wrongfully Convicted and Imprisoned Missouri Man, by Kevin Bliss
  52. Police Use of Robotic Technology Raises Civil Liberty Concerns, by Douglas Ankney
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  54. News in Brief

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