Community-Caretaking Exception to Warrant Req't Justified Search

U.S. v. Garner, 2005 WL 1766377 (7/27/05) - The 10th holds the community caretaking exception to the warrant and probable cause requirements does not only apply to automobile searches, as the 10th had previously stated in other cases. The officer properly acted in his community caretaking function when he directed the defendant to allow examination by fire department personnel. An anonymous caller reported that a man had been sitting unconscious in a field for several hours, the officer found the defendant lying down in the field and, as he approached, the defendant walked away. The officer had reasonable grounds to believe the defendant required medical assistance and to investigate a possible public intoxication offense. The 10th distinguished cases, such as Florida v. J.L., 529 U.S. 266 (2000), where an anonymous tip was insufficient to justify a detention. Unlike in those cases, in this case, the tip didn't suggest someone was engaging in hidden criminal activity. When the officers found the defendant in the field they confirmed the tipster's key information. The officer had reasonable suspicion to continue the defendant's detention after the fire department personnel completed their medical exam and found the defendant to be okay. The defendant was "really nervous" and moved his hands in and out of his pockets. The officer reasonably believed the defendant might still be intoxicated or be a danger to himself or others and that he violated the public intoxication statute. Asking for ID, [leading to knowledge of outstanding warrants which lead to discovery of a handgun] was within the proper scope of the detention.