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Tenth Circuit Reverses Denial of Suppression Motion Because Rationale for Community-Caretaker Exception Unreasonable
Loaded on Aug. 15, 2021
by Douglas Ankney
published in Criminal Legal News
September, 2021, page 30
Filed under:
Community Caretaking Exception/Doctrine.
Location:
Colorado.
by Douglas Ankney
The U.S. Court of Appeals for the Tenth Circuit reversed the U.S. District Court for the District of Colorado’s denial of Hunter Trey Venezia’s motion to suppress because the Government’s reliance upon the community-caretaking exception to the warrant requirement was based upon an unreasonable community-caretaking rationale.
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More from this issue:
- One More Reason to Dislike Your State’s DMV, by Edward Lyon
- Trial Penalty: The Harm in Coercive Prosecutorial Tactics and Plea Bargains, by David Reutter
- Virginia Supreme Court Reverses Concealed Weapon Offense Because Statutory Exception Applied, by Douglas Ankney
- The Federal Habeas Corpus: Government’s Response and Your Reply, by Dale Chappell
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- Arizona Supreme Court: Trial Court’s Failure to Protect Defendant’s Right to Conflict-Free Counsel May Be Raised on Direct Appeal 16 Massachusetts Supreme Court: Error to Exclude Expert Testimony on Significance of Tattoo to Support Claim of Self-Defense, by Douglas Ankney
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- Seventh Circuit: Coworker Cannot Limitlessly Search Defendant’s Office at Direction of FBI, by Anthony Accurso
- Nebraska Supreme Court Reverses Denial of Pretrial Motion for Absolute Discharge on Speedy Trial Grounds, by Matthew Clarke
- Fourth Circuit Reverses ‘Abusive Language’ Conviction Where Government Failed to Offer Evidence That Racial Slur Tended to Cause Immediate Acts of Violence, by Douglas Ankney
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- News in Brief
More from Douglas Ankney:
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- Rikers Island Continues Long Practice of Denying Education to Young Adults, Feb. 15, 2025
- Monterey County Pays $1 Million to Settle Suit Over Detainee Suicide by Toilet Tissue; Wellpath Pays Another Undisclosed Sum, Feb. 15, 2025
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025
- California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements, Feb. 15, 2025
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025
- Fourth Circuit Reinstates North Carolina Prisoner’s Failure-to-Protect Claim Against Guard in Stabbing, Feb. 15, 2025
- Minnesota Supreme Court Announces No Duty to Retreat When Using Reasonable Force in Defense of Another and Provides Framework for Analyzing Such Claims, Feb. 1, 2025
- NIJ Partners With Doctor to Develop Better Screening Method to Detect and Identify Drugs Postmortem, Jan. 15, 2025
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More from these topics:
- SCOTUS: Cady’s ‘Community Caretaking’ Function of Police Doesn’t Create Standalone Doctrine Permitting Warrantless Entry into a Home, Aug. 15, 2021. Warrantless Searches, Community Caretaking Exception/Doctrine.
- Tenth Circuit: Deputy ‘Trying to Help’ Doesn’t Make Search Permissible Under Community Caretaking Exception to Warrant Requirement, July 15, 2020. Warrantless Searches, Community Caretaking Exception/Doctrine.
- North Carolina Supreme Court: Giving Finger to Police Not Disorderly Conduct Justifying Traffic Stop, June 15, 2020. Traffic stop, Disorderly Conduct, Community Caretaking Exception/Doctrine.
- U.S. v. Smith, No. 15-1742 (8th Cir.) (820 F.3d 356) (April 14, 2016) (Judge Bobby E. Shepherd), Sept. 5, 2016. Punch And Jurists, Community Caretaking Exception/Doctrine.
- Cady v. Dombrowski, No. 72-586 (U.S. Supreme Court) (413 U.S. 433; 93 S.Ct. 2523) (June 21, 1973) (Justice Rehnquist), Dec. 13, 2010. Punch And Jurists, Community Caretaking Exception/Doctrine.
- South Dakota v. Opperman, No. 75-76 (U.S. Supreme Court) (428 U.S. 364; 96 S.Ct. 3092) (July 6, 1976) (Justice Burger), June 15, 2005. Punch And Jurists, Community Caretaking Exception/Doctrine.
- U.S. v. McGough, No. 04-12077 (11th Cir.) (412 F.3d 1232) (June 15, 2005) (Judge Emmett Ripley Cox), May 1, 2005. Punch And Jurists, Community Caretaking Exception/Doctrine.
- U.S. v. Johnson, No. 04-4376 (4th Cir.) (410 F.3d 137) (June 8, 2005) (Judge Diana Gribbon Motz), May 1, 2005. Punch And Jurists, Community Caretaking Exception/Doctrine.
