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Old 02-15-2014, 14:27   #19
msu_grad_121's Avatar
Join Date: Sep 2009
Location: NW Burbs
Posts: 3,042
Originally Posted by txleapd View Post
The following is some long standing case law...

Every case I've come across that deals with making entry based on community care taking has some wording about exigency created by the reasonable belief that someone could be in danger. It's not reasonable to make entry just because there is an unlocked, or even open, door. There has to be something else... A 911 hang up call, cry for help, someone visible (and unresponsive) laying inside, etc...

I don't see how a dispatched call about parking with an open door present would automatically fall into community care taking.

I think the best bet would have been to call from the door way, if no one answered then it probably would have been best to just shut the door. If you feel the need to make entry, just realize that anything you come across likely wouldn't hold up in court.

At least that's my 2 cents worth...

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Obviously I'm misunderstanding community caretaking, then. Everything which is being referenced about seeing bodies lying about or what have you would have fallen under exigent circumstances. I was always taught community caretaking was far less emergent and more mundane. It seems at least half my shift would agree with what you guys are saying, but obviously I have some case law to read.
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