Police noticed a man passed out at the wheel of his stopped but still running car. The officer immediately opened the car door and, after a brief scuffle, arrested the defendant and searched his car. Drugs and a firearm were discovered and the driver received a 204 month sentence for drug trafficking and possessing a firearm in furtherance of a drug crime.
The search was approved at the trial court level based on the community - care taking doctrine. The Sixth Circuit reversed holding that there was no emergency justifying a warrantless entry into the car without first, at least, shining a flashlight into the vehicle or otherwise trying to arouse the driver.
The U.S. v. Morgan decision was handed down in June of this year. (Case No. 22-1445).
Defendants should always hire experienced and aggressive federal criminal lawyers who are current on the law and able to be strong advocates for their clients.
