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7 California opinions name it 2 courts 1999–2020 0 in the last five years
The cases below were cited by California 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 |
|---|---|---|
People v. Raygreen2 sentences2020These situations may arise when officers are responding to or investigating criminal activity." (Ovieda, supra, 7 Cal.5th at p. 1042 .) 7 Additionally, in People v. Ray (1999) 21 Cal.4th 464 (Ray), a plurality of our high court held that the community-caretaker exception, which permits police to enter if the search is unrelated to the criminal investigation duties of the police, justified the warrantless entry into a home for a security check. 2019According to the lead opinion, " 'the community caretaker exception is only invoked when the police are not engaged in crime-solving activities.' " ( People v. Ray, supra , 21 Cal.4th at p. 471 , 88 Cal.Rptr.2d 1 , 981 P.2d 928 .) "Under the community caretaking exception, circumstances short of a perceived emergency may justify a warrantless entry." ( Id. at p. 473, 88 Cal.Rptr.2d 1 , 981 P.2d 928 .) " 'Community caretaking activities are varied and are performed for different reasons.' [Citation.] Each variant must be assessed according to its own rationale on a case-by-case basis. 'Although | 2 | 6 |
People v. Davisgreen2 sentences1999Accordingly, in addition to showing the existence of an emergency leaving no time for a warrant, they must also possess probable cause that the premises to be searched contains such evidence or suspects. [Citations.] In contrast, the community caretaker exception is only invoked when the police are not engaged in crimesolving activities." ( People v. Davis (1993) 442 Mich. 1, 24 , 497 N.W.2d 910 ; State v. Carlson (Iowa 1996) 548 N.W.2d 138, 141 ; see also People v. Gardner (1984) 121 Ill. App.3d 464, 468-470 , 76 Ill.Dec. 761 , 459 N.E.2d 676 ; State ex rel. 1999Accordingly, in addition to showing the existence of an emergency leaving no time for a warrant, they must also possess probable cause that the premises to be searched contains such evidence or suspects. [Citations.] In contrast, the community caretaker exception is only invoked when the police are not engaged in crimesolving activities." ( People v. Davis (1993) 442 Mich. 1, 24 , 497 N.W.2d 910 ; State v. Carlson (Iowa 1996) 548 N.W.2d 138, 141 ; see also People v. Gardner (1984) 121 Ill. App.3d 464, 468-470 , 76 Ill.Dec. 761 , 459 N.E.2d 676 ; State ex rel. | 1 | 1 |
People v. Gardnergreen2 sentences1999Accordingly, in addition to showing the existence of an emergency leaving no time for a warrant, they must also possess probable cause that the premises to be searched contains such evidence or suspects. [Citations.] In contrast, the community caretaker exception is only invoked when the police are not engaged in crimesolving activities." ( People v. Davis (1993) 442 Mich. 1, 24 , 497 N.W.2d 910 ; State v. Carlson (Iowa 1996) 548 N.W.2d 138, 141 ; see also People v. Gardner (1984) 121 Ill. App.3d 464, 468-470 , 76 Ill.Dec. 761 , 459 N.E.2d 676 ; State ex rel. 1999Accordingly, in addition to showing the existence of an emergency leaving no time for a warrant, they must also possess probable cause that the premises to be searched contains such evidence or suspects. [Citations.] In contrast, the community caretaker exception is only invoked when the police are not engaged in crimesolving activities." ( People v. Davis (1993) 442 Mich. 1, 24 , 497 N.W.2d 910 ; State v. Carlson (Iowa 1996) 548 N.W.2d 138, 141 ; see also People v. Gardner (1984) 121 Ill. App.3d 464, 468-470 , 76 Ill.Dec. 761 , 459 N.E.2d 676 ; State ex rel. | 1 | 1 |
State Ex Rel. Zander v. DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICTgreen2 sentences1999Accordingly, in addition to showing the existence of an emergency leaving no time for a warrant, they must also possess probable cause that the premises to be searched contains such evidence or suspects. [Citations.] In contrast, the community caretaker exception is only invoked when the police are not engaged in crime-solving activities.” (People v. Davis (1993) 442 Mich. 1, 24 [ 497 N.W.2d 910, 920 ]; State v. Carlson (Iowa 1996) 548 N.W.2d 138, 141 ; see also People v. Gardner (1984) 121 Ill.App.3d 464, 468-470 [76 Ill.Dec 761, 764-766, 459 N.E.2d 676, 679-681 ]; State, etc. v. District Cou 1999Accordingly, in addition to showing the existence of an emergency leaving no time for a warrant, they must also possess probable cause that the premises to be searched contains such evidence or suspects. [Citations.] In contrast, the community caretaker exception is only invoked when the police are not engaged in crime-solving activities.” (People v. Davis (1993) 442 Mich. 1, 24 [ 497 N.W.2d 910, 920 ]; State v. Carlson (Iowa 1996) 548 N.W.2d 138, 141 ; see also People v. Gardner (1984) 121 Ill.App.3d 464, 468-470 [76 Ill.Dec 761, 764-766, 459 N.E.2d 676, 679-681 ]; State, etc. v. District Cou | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Ovieda
green
1 sentence2020These situations may arise when officers are responding to or investigating criminal activity." (Ovieda, supra, 7 Cal.5th at p. 1042 .) 7 Additionally, in People v. Ray (1999) 21 Cal.4th 464 (Ray), a plurality of our high court held that the community-caretaker exception, which permits police to enter if the search is unrelated to the criminal investigation duties of the police, justified the warrantless entry into a home for a security check. | 1 | 2020–2020 |
People v. Thompson
green
1 sentence2019(People v. Thompson (1990) 221 Cal.App.3d 923, 940 ; People v. Stamper (1980) 106 Cal.App.3d 301, 304 .) 6 “ ‘Community caretaking activities are varied and are performed for different reasons.’ [Citation.] Each variant must be assessed according to its own rationale on a case-by-case basis. ‘Although the underlying command of the Fourth Amendment is always that searches and seizures be reasonable, what is reasonable depends on the context within which a search takes place.’ ” (Id. at p. 472.) Given the generality of this standard, it is hardly surprising that courts in many cases with diverse | 1 | 2019–2019 |
People v. Stamper
green
2 sentences2019We add, as the Court of Appeal did in People v. Stamper, supra, 106 Cal.App.3d at page 306 : “a failure of the police to investigate as they did, ‘would have constituted a failure to properly discharge [their] duties as [officers] of the law.’ ” DISPOSITION The judgment is affirmed. _________________________ POLLAK, P. J. 2019(People v. Thompson (1990) 221 Cal.App.3d 923, 940 ; People v. Stamper (1980) 106 Cal.App.3d 301, 304 .) 6 “ ‘Community caretaking activities are varied and are performed for different reasons.’ [Citation.] Each variant must be assessed according to its own rationale on a case-by-case basis. ‘Although the underlying command of the Fourth Amendment is always that searches and seizures be reasonable, what is reasonable depends on the context within which a search takes place.’ ” (Id. at p. 472.) Given the generality of this standard, it is hardly surprising that courts in many cases with diverse | 1 | 2019–2019 |
State v. Carlson
green
2 sentences1999Accordingly, in addition to showing the existence of an emergency leaving no time for a warrant, they must also possess probable cause that the premises to be searched contains such evidence or suspects. [Citations.] In contrast, the community caretaker exception is only invoked when the police are not engaged in crime-solving activities.” (People v. Davis (1993) 442 Mich. 1, 24 [ 497 N.W.2d 910, 920 ]; State v. Carlson (Iowa 1996) 548 N.W.2d 138, 141 ; see also People v. Gardner (1984) 121 Ill.App.3d 464, 468-470 [76 Ill.Dec 761, 764-766, 459 N.E.2d 676, 679-681 ]; State, etc. v. District Cou 1999Accordingly, in addition to showing the existence of an emergency leaving no time for a warrant, they must also possess probable cause that the premises to be searched contains such evidence or suspects. [Citations.] In contrast, the community caretaker exception is only invoked when the police are not engaged in crimesolving activities." ( People v. Davis (1993) 442 Mich. 1, 24 , 497 N.W.2d 910 ; State v. Carlson (Iowa 1996) 548 N.W.2d 138, 141 ; see also People v. Gardner (1984) 121 Ill. App.3d 464, 468-470 , 76 Ill.Dec. 761 , 459 N.E.2d 676 ; State ex rel. | 1 | 1999–1999 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.