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Old 02-15-2014, 15:30   #20
No Infidels!
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Join Date: Oct 2005
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Originally Posted by msu_grad_121 View Post
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.
The problem is the level of protection afforded the home. Community caretaking type exceptions are easier to sell when regarding people operating vehicles on public highways. Not only is the expectation of privacy less, but the potential risk to the public from, say, a tired driver is greater.

Having the police tromp all through your house and looking in any place a person could be hiding, solely because a door is not secured, is not an exception that I think society is willing to accept.
"Logic is rarely the engine that propels a police department forward."

-David Simon in "Homicide"
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