8 Florida opinions name it 1 courts 2007–2025 2 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Castella v. Stategreen2 sentences2025See Castella, 959 So. 2d at 1292 (“[S]earches and seizures under the community caretaking doctrine focus on ‘concern for the safety of the general public.’” (citation omitted)). 2012See Castella, 959 So.2d at 1292 (“[U]nder the community caretaking doctrine, the deputies were justified in stopping [the defendant’s] boat in order to obtain any information they could about the accident, its location, and its aftermath in order both to rescue the injured and to protect the general public from dangers resulting from the damaged vessel, such as the potential for explosion, debris, and impediment to travel on the [I]ntracoastal.”); Cobb, 378 So.2d at 83 (“It is undisputed ... that the officer opened the [car] door, not in order to search the car or even to look into it, but rat | 2 | 2 |
Russoli v. Salisbury Townshipgreen2 sentences2025Overall, under the community caretaking doctrine, law enforcement “may make warrantless searches and seizures in circumstances in which they reasonably believe that their action is required to deal with a life-threatening emergency.” Russoli v. Salisbury Township, 126 F. Supp. 2d 821, 846 (E.D. 2007Overall, under the community caretaking doctrine, law enforcement "may make warrantless searches and seizures in circumstances in which they reasonably believe that their action is required to deal with a life-threatening emergency." Russoli v. Salisbury Township, 126 F.Supp.2d 821, 846 (E.D.Pa.2000). | 2 | 2 |
Samuelson v. City Of New Ulmgreen2 sentences2025In addition to automobile searches, the doctrine also encompasses the seizure of individuals “‘in order to ensure the safety of the public and/or the individual, regardless of any suspected criminal activity.’” Samuelson v. City of New Ulm, 455 F.3d 871, 877 (8th Cir. 2006) (citation omitted). 2007In addition to automobile searches, the doctrine also encompasses the seizure of individuals "`in order to ensure the safety of the public and/or the individual, regardless of any suspected criminal activity.'" Samuelson v. City of New Ulm, 455 F.3d 871 , 877 (8th Cir.2006) (citation omitted). | 1 | 2 |
Greider v. Stategreen2 sentences2023Of equal importance, this finding impermissibly conflates community caretaking with criminal investigation and runs contrary to a myriad of reported decisions throughout the state. 9 See Greider v. State, 977 So. 2d 789, 794 (Fla. 2d DCA 2008) (noting that “[w]hile [defendant’s] conduct of sitting in an automobile with towels covering the windows is unusual and may cause an officer to be suspicious of such behavior,” officer lacked appropriate legal justification to ask defendant to lower his window once it was determined defendant was “okay” and not involved in criminal activity); Taylor, 326 2023Of equal importance, this finding impermissibly conflates community caretaking with criminal investigation and runs contrary to a myriad of reported decisions throughout the state. 9 See Greider v. State, 977 So. 2d 789, 794 (Fla. 2d DCA 2008) (noting that “[w]hile [defendant’s] conduct of sitting in an automobile with towels covering the windows is unusual and may cause an officer to be suspicious of such behavior,” officer lacked appropriate legal justification to ask defendant to lower his window once it was determined defendant was “okay” and not involved in criminal activity); Taylor, 326 | 1 | 1 |
State v. Kinzygreen1 sentence2023See, e.g., State v. Kinzy, 5 P.3d 668, 681 (Wash. 2000) (holding police community caretaking function did not apply where officers unlawfully detained and searched juvenile after officers observed juvenile on public sidewalk in area known for drug trafficking on a school night); City of Topeka v. Grabauskas, 99 P.3d 1125 , 1131–32 (Kan. | 1 | 1 |
Cobb v. Stategreen1 sentence2012See Castella, 959 So.2d at 1292 (“[U]nder the community caretaking doctrine, the deputies were justified in stopping [the defendant’s] boat in order to obtain any information they could about the accident, its location, and its aftermath in order both to rescue the injured and to protect the general public from dangers resulting from the damaged vessel, such as the potential for explosion, debris, and impediment to travel on the [I]ntracoastal.”); Cobb, 378 So.2d at 83 (“It is undisputed ... that the officer opened the [car] door, not in order to search the car or even to look into it, but rat | 1 | 1 |
Gentles v. Stategreen1 sentence2011Shively v. State, 61 So.3d 484, 485-86 , 2011 WL 2029622, at *1 (Fla. 2d DCA 2011); Gentles v. State, 50 So.3d 1192, 1198-99 (Fla. 4th DCA 2010) (collecting examples). | 1 | 1 |
Shively v. Stategreen2 sentences2011Shively v. State, 61 So.3d 484, 485-86 , 2011 WL 2029622, at *1 (Fla. 2d DCA 2011); Gentles v. State, 50 So.3d 1192, 1198-99 (Fla. 4th DCA 2010) (collecting examples). 2011Shively v. State, 61 So.3d 484, 485-86 , 2011 WL 2029622, at *1 (Fla. 2d DCA 2011); Gentles v. State, 50 So.3d 1192, 1198-99 (Fla. 4th DCA 2010) (collecting examples). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Cady v. Dombrowski
green
2 sentences2025In discussing permissible law enforcement actions under the community caretaking doctrine, we opined in Castella: The community caretaking doctrine addresses those law enforcement functions that are “totally divorced from the detection, investigation, or acquisition of evidence relating to 5 the violation of a criminal statute.” Cady v. Dombrowski, 413 U.S. 433, 441 , 93 S. Ct. 2523 , 37 L. 2025In discussing permissible law enforcement actions under the community caretaking doctrine, we opined in Castella: The community caretaking doctrine addresses those law enforcement functions that are “totally divorced from the detection, investigation, or acquisition of evidence relating to 5 the violation of a criminal statute.” Cady v. Dombrowski, 413 U.S. 433, 441 , 93 S. Ct. 2523 , 37 L. | 3 | 2007–2025 |
Agreda v. State
green
2 sentences2019This exception specifically recognizes that a "legitimate concern for the safety of the motoring public can warrant a brief investigatory stop to determine whether a driver is ill, tired, or driving under the influence in situations less suspicious than that required for other types of criminal behavior." Agreda v. State , 152 So.3d 114 , 116 (Fla. 2d DCA 2014) (quoting State, Dep't of High. 2019This exception specifically recognizes that a "legitimate concern for the safety of the motoring public can warrant a brief investigatory stop to determine whether a driver is ill, tired, or driving under the influence in situations less suspicious than that required for other types of criminal behavior." Agreda v. State , 152 So.3d 114 , 116 (Fla. 2d DCA 2014) (quoting State, Dep't of High. | 2 | 2019–2019 |
United States v. Gary Bernard McGough
green
2 sentences2012McGough, 412 F.3d at 1239 (citing Payton v. New York, 445 U.S. 573, 586 , 100 S.Ct. 1371 , 63 L.Ed.2d 639 (1980)). 2009As the Eleventh Circuit stated in McGough , "Were we to apply the community caretaking exception ... in this case, we would undermine the [Fourth] Amendment's most fundamental premise: searches inside the home, without a warrant, are presumptively unreasonable." 412 F.3d at 1239 . | 2 | 2009–2012 |
City of Topeka v. Grabauskas
green
1 sentence2023See, e.g., State v. Kinzy, 5 P.3d 668, 681 (Wash. 2000) (holding police community caretaking function did not apply where officers unlawfully detained and searched juvenile after officers observed juvenile on public sidewalk in area known for drug trafficking on a school night); City of Topeka v. Grabauskas, 99 P.3d 1125 , 1131–32 (Kan. | 1 | 2023–2023 |
Payton v. New York
green
2 sentences2012McGough, 412 F.3d at 1239 (citing Payton v. New York, 445 U.S. 573, 586 , 100 S.Ct. 1371 , 63 L.Ed.2d 639 (1980)). 2012McGough, 412 F.3d at 1239 (citing Payton v. New York, 445 U.S. 573, 586 , 100 S.Ct. 1371 , 63 L.Ed.2d 639 (1980)). | 1 | 2012–2012 |
Riggs v. State
green
1 sentence2009The Florida cases that have relied on the community caretaker exception have done so only in the context of vehicle and boat searches. [11] And perhaps more importantly, the Florida Supreme Court expressly declined to adopt or rely on the community caretaking exception when given the opportunity to consider it in Riggs, because, as the court observed, Dombrowski "was expressly limited to the automobile context." 918 So.2d at 280 n. 1. | 1 | 2009–2009 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.