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Community Caretaker Doctrine Limitations

Posted by Blackie Burak | Mar 25, 2019 | 0 Comments

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A few state courts have established community caretaker doctrine limitations through the adoption of guidelines or the imposition of specific thresholds. If this doctrine applied to your case, a Napa County Creek DUI attorney can explain how this may affect your case.

Previous Cases

For example, your Napa County Creek DUI attorney can explain how a Texas court reversed a conviction of a driver who was pulled over by a trooper who was using this exception. The trooper saw the driver pull over because his wife was vomiting out the passenger door. The defendant then pulled onto the road and was stopped by the trooper. The court found that the stop was not warranted.

Guidelines

The court in that case established several guidelines that would help assess community caretaker detentions. These guidelines include the following:
 

  • The type of distress and the level of distress that the individual exhibited
  • The individual's location
  • Whether the individual was alone or if he or she had access to assistance offered by anyone other than the officer
  • The extent to which the individual, if he or she was not assisted, would present a danger to himself, herself or others

California Case

Another case that your Napa County Creek DUI attorney may mention is a case before the California Supreme Court. This court also requires a high threshold before a law enforcement officer may detain someone under this exception. In particular, a substantial risk to life or the possibility of significant property damage must exist prior to such detention.

If you would like more information on this exception and its limits, contact Napa County DUI lawyer Blackie Burak at 1-866-BLCKDUI.

About the Author

Blackie Burak

Attorney Blackie Burak has nearly 40 years of successful criminal defense experience. He effectively uses this experience to mount an aggressive defense against even the most complex DUI / DWI charges. His keen focus on this area is based on his cutting-edge knowledge, skills and courtroom techni...

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Contact Attorney Blackie Burak

If you have been arrested for DUI in northern or central California, please contact the Walnut Creek law office online or call toll free at 1-866-BLCKDUI for a free consultation. Contact Now

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