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· 11/18/2010

People v. McDonough

Citations

  • 940 N.E.2d 1100
  • 239 Ill. 2d 260
  • 346 Ill. Dec. 496
  • 2010 Ill. LEXIS 1557

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that, in determining whether the community caretaker exception is applicable, “a court views the [police] officer’s actions objectively”
  • holding that, to find the community caretaking doctrine to be applicable, a court must find two general criteria: (1) “law enforcement officers [were] performing some function other than the investigation of a crime,” and (2
  • noting that the community caretaking doctrine is utilized to uphold seizures when police are performing some function other than investigating a crime
  • this court is not bound by the appellate court’s reasoning and may affirm on any basis presented in the record
  • public interest for police to offer assistance to drivers who may be stranded, especially after dark and where assistance may not be readily available
  • trial court is in a superior position to determine and weigh the credibility of the witnesses, observe the witnesses’ demeanor, and resolve conflicts in their testimony

Source: CourtListener parenthetical corpus (CC0).

Judges: Freeman

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.