Evidence found on defendant was lawfully obtained because defendant was properly detained under “community caretaking” doctrine

SEARCH & SEIZURE United States v. Garner, No. 04-4111, ___ F.3d ___ (10th Cir. Jul. 27, 2005)(Utah). Appeal of district court’s denial of motion seeking suppression of evidence (i.e., handgun, burglary tools) found on defendant during encounter with police. HELD: (1) Where defendant was found sitting in field after being reported to police by anonymous source as possibly being unconscious person, defendant was properly detained by police under “community caretaking” doctrine for medical examination by fire department personnel and for possible public intoxication investigation or further investigation into whether he might pose danger to himself. Because defendant was properly detained, evidence found on his person was lawfully obtained. (2) Despite fact that anonymous source had reported defendant as being in field for several hours and appearing unconscious, government interest in community caretaking outweighed defendant’s interest in being free from arbitrary interference. Defendant might well have needed medical assistance and government had substantial interest in protecting him. Read the opinion here.