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. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

ADVERTISEMENT