PETER F. IOCONA - ATTORNEY AT LAW
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COMMUNITY CARETAKER EXCEPTION


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PETER F. IOCONA
ATTORNEY AT LAW

22982 LA CADENA DR #239
LAGUNA HILLS, CA. 92653




THE SOCAL LAW NETWORK

23152 VERDUGO DR #201
LAGUNA HILLS, CA. 92653

 



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ALAN CASTILLO AND PETER F.  IOCONA BOTH SELECTED AS ONE OF ORANGE COUNTY'S TOP-RATED DEFENSE ATTORNEYS

Top-Rated OC DUI Attorney


PETER F. IOCONA: RATED BY "SUPER LAWYERS" 2015-2016


Super Lawyer Rated - Peter F. Iocona


PETER F. IOCONA SELECTED AS ONE OF THE "TOP 100 TRIAL LAWYERS" BY THE NATIONAL TRIAL LAWYERS ASSOCIATION


Top 100 Trial Lawyers - Peter F. Iocona



PETER F. IOCONA SELECTED AS ONE OF THE TOP CRIMINAL DEFENSE ATTORNEYS





PETER F. IOCONA SELECTED AS ONE OF THE NATION'S TOP ONE PERCENT ATTORNEYS BY N.A.D.C. 


Peter F. Iocona - Top One Percent Rated Attorney


PETER F. IOCONA SELECTED AS A MEMBER OF THE NATIONAL ADVOCACY OF DUI DEFENSE


Nationally Ranked Superior DUI Attorney


FEATURED IN THE "TOP 100" MAGAZINE AS ONE OF THE NATION'S TOP 100 LAW FIRMS



 "MEMBER" OF THE CALIFORNIA DUI LAWYERS ASSOCIATION


DUI Defense Lawyer - California DUI Lawyers Association


"MEMBER" OF THE NATIONAL COLLEGE FOR DUI DEFENSE


DUI Lawyer - National College for DUI Defense


"MEMBER" OF THE DUI DEFENSE LAWYERS ASSOCIATION (DUIDLA)


DUI Defense Lawyer - DUIDLA Member

  
ALAN CASTILLO SELECTED AS 
ONE OF THE "TOP 100 TRIAL LAWYERS" BY THE NATIONAL TRIAL LAWYERS ASSOCIATION



Top 100 Trial Lawyers - Alan Castillo


ALAN CASTILLO SELECTED AS 
ONE OF THE NATION'S TOP ONE PERCENT ATTORNEYS BY N.A.D.C. 


Alan Castillo - Top One Percent Rated Attorney



FORMER CONTRIBUTING EDITORS TO "CALIFORNIA DRUNK DRIVING LAW "
(2003-2016)


California Drunk Driving Law - Contributing Editors (2003-2016)



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PETER F. IOCONA RATED "SUPERB" "10/10" BY AVVO



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FROM AVVO RATING SERVICE


Peter F. Iocona - Top Orange County DUI Attorney

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"TOP CONTRIBUTOR" BY AVVO





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COMMUNITY CARETAKER EXCEPTION

RATED BY SUPER LAWYERS, ORANGE COUNTY'S TOP-RATED DUI DEFENSE ATTORNEYS

Peter F. Iocona - Top 100 Trial LawyersPeter F. Iocona - Super Lawyers Rated Orange County DUI Lawyer  Peter F. Iocona - Top-Rated DUI Criminal Defense Attorney
 Peter F. Iocona - Top-Rated Orange County DUI Defense Attorney

WHAT IS THE "COMMUNITY CARETAKER" EXCEPTION TO THE WARRANT REQUIREMENT?

Police officers may conduct a warrantless detention if the officer feels a person is in need of emergency assistance. It does not require evidence that a crime has been committed. Here are some of the reasons why:

THE COMMUNITY CARETAKER EXCEPTION

In order to justify a welfare check, police must act within the legitimate range of their “community caretaking function” Cady v. Dombrowski (1973) 413 U.S. 433. In People v. Ray (1999) 21 Cal.4th 464, the California Supreme Court discussed the issue of the “community caretaker exception” to the warrant requirement and noted that “in determining whether an officer acted reasonably, due weight must be given not to his or her un-particularized suspicions or hunches, . . . The officer must be able to point to specific and articulable facts from which he or she concluded that action was necessary.

Two aspects are critical to maintaining the essential Constitutional balance. 

First, the authority granted law enforcement is narrowly delimited by the known facts viewed in light of the rational for the exception. . .

Second, Courts must be especially vigilant in guarding against subterfuge, that is, a false reliance upon the personal safety or property protection rationale when the real purpose was to seek out evidence of a crime.”

While entry into a car or a home may be initially justified under the community care-taking exception, it does not permit a continued a warrantless entry or search once the concern has dissipated.  See, generally: State v. Edmonds (2012) 211 NJ 117, (where police officers found inadequate evidence to corroborate a 911 report and determined the parties' safety was not an issue, the Court ruled that there was no objectively reasonable basis to search the rest of the residence under either the community care-taking or emergency-aid exceptions.

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