Category: Search and Seizure

Court: “Reasonable police officers acting as community caretakers should have left the home”

Court: The deputy’s actions were reasonably related to community caretaking

The court of appeals held there was no basis for the protective sweep

The officer performed what the court described as “the old highway patrol ‘two-step’”

A reasonable officer could believe the driver and passenger were in a “common enterprise” to possess the fentanyl

The appellate court held the detention was not supported by reasonable suspicion

The court held that “protesting innocence is not a get-out-of-pretrial-detention-free card”

The appellate court rejected Urbina-Rodriguez’s claim that the only reasonable explanation for having the rifle on hand was his concern for the poultry

The suspect claimed the officer did not have reasonable suspicion for the traffic stop

This logic may well be followed by other courts applying Jones’ trespass analysis to an array of Fourth Amendment questions