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Circuit Court Rules Community Care Doctrine Overrides 4th AmendmentBy Expert Author: Joesph Affronti
In State vs. Hughley, the ninth circuit court, acting in in its appellate capacity, reversed the trial court's ruling granting the defendant's motion to suppress certain evidence. The court held the cop had behaved correctly under the community care doctrine when he started an investigative stop by opening the defendant's vehicle door to ascertain defendant's well-being. Defendant appeared to be slumped over the vehicle's steering wheel inside an illegally parked car inside of a shopping center entrance at 4:00 am, with the engine running. Upon opening the door, the police officer immediately noticed the smell alcohol. The appellate court held the officer had reasonable suspicion to order defendant to step out from the defendant's automobile at this point, & reversed the trial court's ruling granting defendant's motion to suppress.
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