Fourth Amendment Exceptions – Community Caretaking
This post is about another of the exceptions to the Fourth Amendment’s warrant requirement. In previous posts I explained some other exceptions. The Community Caretaking exception is similar to the Fourth Amendment Exception of Exigency. However, the difference between the two is very important. Exigency usually deals with the pressing needs of law enforcement, investigating crimes, and collecting evidence. It is more geared toward these activities in mind. Community caretaking has much more to do with a police officer’s traditional role in the community. A warrant isn’t required because the aim of community caretaking is to ensure safety, and not targeted towards crime. This post even relates to my preivous post of When is an “Arrest”, Not an Arrest?
What is community caretaking?
Community caretaking involves activities by police officers, which don’t relate to investigating crimes. Some of these jobs include directing traffic, responding to the scenes of accidents, helping roadside cars on the shoulder, etc… For an officer’s actions to be considered community caretaking, the follow things usually have to be found:
- There is a situation which requires the officer to protect the welfare of a person or the community;
- There is a potential harm which needs immediate action; and
- The officer doesn’t have enough time and/or information to request a warrant from a Judge.
What does it allow police to do?
Community caretaking allows police to interact with citizens when there is an immediate danger to citizens, property or the community. Generally, police don’t need any suspicion whatsoever to approach citizens and talk to them. If the citizen responds, and answers questions, then it is a consensual encounter between the officer and the citizen.
Pulled Over in a Car
When police pull over a car under this community caretaking exception, it doesn’t give them the automatic right to search you or your car. They would need an independent reason to justify a search. Remember, this stop wouldn’t be for investigation of a crime. It is more out of concern for your safety or well-being.
Let’s say you are pulled over to the side of the road. You were out with friends and you had a flat tire. The police can pull up behind you, put on their lights, and approach your car. At this point, they wouldn’t necessarily be investigating a crime. Rather, they are making sure that you are OK, not injured, and your car is far enough away from the road so you’re not a danger to yourself or others. It’s important to remember that from the officer’s point of view, a driver’s safety/well-being is more important that that of a passenger.
Things Officers Consider:
- The kind/level of distress of the person who is approached
- The location of the person approached (in a ditch, pulled over on the shoulder, crashed against a wall)
- Was the person alone and/or was there other help available
- If the officer doesn’t get involved, will the person be a danger to themselves or others?
How does it apply to your case?
If you follow the three points above, you’ll notice that all three of those requirements have to be met. If the situation arises where the officer doesn’t in fact need to protect an individual or the community, then the officer can’t claim the he or she is acting as a community caretaker. The same goes for the immediate harm. The harm has to be real, it has to be reasonable, and it should be apparent. Creating dangers or pressing concerns after the fact won’t do.
If you’ve been pulled over by a police officer under the Community Caretaking exception, all three of the above need to be present. If they’re not, then the reason for the stop can be challenged and evidence used against you may be thrown out of Court. As one of the Fourth Amendment Exceptions – Community Caretaking has the goal of looking out for the safety of others. Police shouldn’t use it to their benefit in an effort to investigate crime. If it is done for this purposes, it may show weaknesses in your case which later on you can use during plea bargain negotiations.