79. The Community Caretaking Doctrine - a podcast by James "Jake" Minick
from 2021-10-20T08:00
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On today’s episode Jake discusses the Community Caretaking exception to the warrant requirement as laid out in State v. Smathers. Where there is no reasonable suspicion or probable cause to believe that a traffic violation or crime has occurred, the purported basis for conducting a traffic stop that ultimately leads to a DWI arrest will frequently be the community caretaking doctrine. In this episode get a framework for how the community caretaking exception should be applied and the attack points that exist when contesting the validity of this exception.
Highlights:
- Learn the elements of the three-part test established under State v. Smathers.
- Uncover key language from the North Carolina appellate courts that can be used in an argument on the community caretaking doctrine
- Get a detailed outline on how to present a defense argument on a community caretaking exception stop.
- Listen as Jake discusses the facts and reasoning of several recent appellate cases where the court did not find a community caretaking function to exist.
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