[DOWNLOAD] "People V. Ray" by California Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: People V. Ray
- Author : California Supreme Court
- Release Date : January 19, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
In the average day, police officers perform a broad range of duties, from typical law enforcement activities-investigating crimes, pursuing suspected felons, issuing traffic citations-to "community caretaking functions"-helping stranded motorists, returning lost children to anxious parents, assisting and protecting citizens in need-"totally divorced from the detection, investigation, or acquisition of evidence relating to the violation of a criminal statute." (Cady v. Dombrowski (1973) 413 U.S. 433, 441.) When performing their law enforcement responsibilities, officers are required under the Fourth Amendment to obtain a warrant before searching a house or seizing personal effects; *fn1 or it must be established they acted pursuant to a recognized exception. In this case, we address the extent to which the Fourth Amendment operates when the police are discharging one of their community caretaking functions. We conclude under these facts that the officers acted reasonably to protect the safety and security of persons and property when they briefly entered defendant's residence without a warrant and then observed contraband in plain view. Accordingly, we affirm the judgment of the Court of Appeal holding that the trial court should not have suppressed the evidence.