ILNews

Community-caretaking duties permits warrantless search

Back to TopCommentsE-mailPrintBookmark and Share

A warrantless search that led to discovery of marijuana and a handgun did not violate the Fourth Amendment because the police found the items as part of their “community-caretaking” duties.

The Indiana Court of Appeals rejected Nick McIlquham’s challenge to the search of his apartment and affirmed his convictions in Nick McIlquham v. State of Indiana, 49A02-1212-CR-631. The court ruled the community-caretaking exception to the warrant requirement allowed for this warrantless search.

Two Indianapolis Metropolitan Police Department officers searched McIlquham’s apartment over concerns about the welfare of his young daughter who had been found partially naked wandering alone near a retention pond.

They discovered the drugs and loaded .22 caliber handgun. McIlquham was subsequently convicted of unlawful possession of a firearm by a serious violent felon, a Class B felony; neglect of a dependent, a class D felony; possession of marijuana, a class A misdemeanor; and possession of paraphernalia, a class A misdemeanor.  

McIlquham appealed, arguing the evidence should have been excluded at his trial. He claimed neither he nor the individual renting the apartment gave permission to the officers to look around which made the search a violation of his Fourth Amendment rights.

The appeals court disagreed on the grounds that the “community-caretaking function” of the police makes the warrantless search objectively reasonable under the Fourth Amendment.

Police, in addition to their duties to enforce criminal laws, are called upon to do a variety of tasks that enhance and maintain the safety of the community. Questions about McIlquham’s daughter’s home life met the community-caretaking standard.

 “In our view, there were certainly objectively reasonable concerns about McIlquham’s right to retain custody of R. in light of the conditions and circumstances in which she was discovered,” Judge John Baker wrote. “Moreover, not allowing the police to conduct a community-caretaking function to operate in a case such as this one – at least to the extent of allowing a non-violent entry into a home to conduct a cursory visual inspection of the interior of the residence and its occupants – would result in the unreasonableness that Fourth Amendment jurisprudence seeks to avoid.”



 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

ADVERTISEMENT