Criminal Law and Procedure

Community Caretaking: New Doctrine for Court of Appeals

, New York Law Journal


In his Criminal Law and Procedure column, Barry Kamins writes: The New York Court of Appeals has recently upheld the towing, impoundment and inventory search of an automobile, holding that these actions were, under the facts of the case, consistent with a "community caretaking function." This is the first time the court has adopted this theory, although it has made oblique references to it in the past. What is the origin of this doctrine and, more importantly, what are its boundaries and scope?

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