Description

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.