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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

ADVERTISEMENT