Category: Community Care Taking
Community Care Taking Not a Substitute for a Warrant in Tennessee
Another ‘community care taking’ case has recently been addressed by the Tennessee Court of Criminal Appeals. ‘Community care taking’ generally refers to the role of law enforcement authorities in checking on the welfare of people who may be distressed. In many jurisdictions, it is one of the recognized exceptions to the general requirement that a
Court Rejects Community Care Taking Argument and Excludes Evidence
‘Community care taking’ is a form of consensual encounter with a law enforcement officer who may initiate the encounter in looking out for public safety and welfare. When a community care taking encounter is considered consensual, it does not a require a warrant, probable cause, or reasonable suspicion. Yet legal disputes about the nature of
Community Care Taking Encounter is Objectively Reasonable
Community care taking is one of the functions of law enforcement. A police officer performing a community care taking function needs no additional objective justification (reasonable suspicion or probable cause) for an encounter with members of the public. Community care taking encounters are considered consensual. A police officer may approach a car parked in public