Officer Stopping Vehicle as Community Caretaker

When is a Police Officer Allowed to Stop your Vehicle as a Community Caretaker?

 

In addition to investigating crimes, police officers have a duty to stop any vehicle when they believe that someone in the vehicle is either in danger or may require emergency assistance. Because of this fact, an officer does not need any reason to stop or approach your vehicle when acting in the capacity of a “community caretaker.”

An officer that is acting as a community caretaker may stop a vehicle on a public road without probable cause or reasonable suspicion that a law has been violated. The community caretaker doctrine recognizes that police officers not only serve as criminal investigators, but also as community caretakers. As criminal investigators, an officer’s job is to ferret out crime, investigate criminal acts, and accumulate evidence that will be used in court. An officer always needs reasonable suspicion to stop you or your vehicle when serving in this investigatory function, and the vast majority of traffic stops fall under this category.

Nevertheless, police officers act outside of their role as criminal investigators when assisting motorists that appear to be in danger. In order for the officer to be acting in the capacity of a community caretaker, the officer’s actions must be motivated by a desire to aid and assist those in danger — not a desire to investigate a potential crime.

 

NEW MEXICO LAW REGARDING COMMUNITY CARETAKER STOPS

 

According to the New Mexico Supreme Court, police are acting as community caretakers when they provide emergency aid, impound and inventory vehicles, or generally act as public servants outside their criminal investigative capacity.

Let’s take a look at a few cases where New Mexico Courts have held that the officer was acting in the role of a community caretaker.

NEW MEXICO CASE LAW INVOLVING COMMUNITY CARETAKER STOPS

 

In one case the officer observed a truck parked at a car wash late at night on a cold evening. The truck’s lights were on, the engine was running, the stereo was playing loudly, and the officer could not see into the cab of the truck to ensure that everyone was safe because of the truck’s darkly tinted windows. The officer knocked on the truck’s window several times without any response. Based on these facts the officer believed that someone in the truck might be injured. The officer then opened the door and found the driver slumped over the steering wheel. The driver was ultimately arrested for drinking and driving. The driver argued that the officer lacked reasonable suspicion to approach the vehicle.  The court ultimately ruled that the officer was acting in the role of a community caretaker and therefore was not required to have reasonable suspicion to approach the truck.

In another case a motorcycle was stopped because the officer observed the motorcycle weaving within its lane. The Court ruled that the officer was justified in stopping the motorcycle based on the officer’s concern that the rider was suffering either physical or mechanical problems based on the degree of the weaving that was observed.

Other common examples of an officer acting as a community caretaker include an officer observing a vehicle on the side of the road with a flat tire or some indication of mechanical problems, or when an officer observes a parked vehicle where the driver appears to be incapacitated, injured, or passed out, requiring contact to determine if the driver requires medical attention.

Although an officer is allowed to approach an individual that appears to be in danger —  without any reason for approaching other than to help — the same officer must have a reason to expand the initial basis for the stop into a criminal investigation.

The Supreme Court has held that a continued investigation by an officer in his or her role as a community caretaker is reasonable as long as the officer is motivated by a desire to offer assistance and not to investigate a potential crime. The officer’s role as a community caretaker can only be expanded to that of a criminal investigator when the officer can reasonably explain why the officer believed that criminal activity was at hand.

In a recent New Mexico case the officer expanded his role from a community caretaker to that of investigating a possible DWI. The officer testified that after approaching the vehicle to see if the driver needed assistance he smelled a strong odor of alcohol coming from the driver’s mouth, and observed blood shot and watery eyes. Additionally, the driver admitted to drinking two beers before driving. The court ultimately held that based on these facts the officer had enough information to investigate whether the individual had been driving while intoxicated, despite the fact that the officer initially approached the driver to offer assistance as a community caretaker.

Matthew Legan Sanchez is an seasoned criminal law attorney in Bernalillo County.  Call (505) SANCHEZ for information regarding Officer Stopping Vehicle as Community Caretaker in Albuquerque, New Mexico.