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WI: "Bona fide community caretaking function" and subjective basis

By John Wesley Hall, Jr.

Some subjective basis in a community caretaking search does not invalidate it if it has a real basis. State v. Kramer, 2009 WI 14, 2009 Wisc. LEXIS 8 (January 29, 2009). This is a really interesting and educational opinion. Take a refresher course: [*P30] When evaluating whether a community caretaker function is bona fide, we examine the totality of the circumstances as they existed at the time of the police conduct. Cady, 413 U.S. at 440; Kelsey C.R., 2001 WI 54, 243 Wis. 2d 422, P37, 626 N.W.2d 777. In so doing, we conclude that the "totally divorced" language from Cady does not mean that if the police officer has any subjective law enforcement concerns, he cannot be engaging in a valid community caretaker function. Rather, we conclude that in a community caretaker context, when under the totality of the circumstances an objectively reasonable basis for the community caretaker function is shown, that determination is not negated by the officer's subjective law enforcement concerns...continue to full post

Full post as published by Fourth Amendment on February 02, 2009 (boomark / email).