State v. Kleven
2016 SD 80
| S.D. | 2016Background
- Around 1:00 a.m. and again at 1:40 a.m., officers observed a running car parked on Third Street in Brookings with a man in the driver’s seat; initially he appeared to be looking at a phone.
- Officer Smith returned about 2:00 a.m., parked nearby, then positioned his patrol car directly behind the vehicle and approached the driver’s-side window.
- Officer Smith believed the occupant (Kleven) appeared to be sleeping or passed out; he radioed for another patrol car to park in front of the vehicle out of safety concerns.
- After knocking on the window several times without an adequate response, Officer Smith opened the driver’s door, smelled alcohol, and subsequently arrested Kleven for DUI.
- Kleven moved to suppress, arguing the contact and intrusion lacked reasonable suspicion and was pretextual; the circuit court denied suppression, concluding the community caretaker exception justified Officer Smith’s actions.
- The Supreme Court of South Dakota affirmed, holding Officer Smith had an objectively reasonable basis to conduct a welfare check under the community caretaker exception.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the community caretaker exception justified Officer Smith’s contact and intrusion into Kleven’s vehicle | State: Officer Smith reasonably acted to check Kleven’s welfare and safety, independent of criminal investigation | Kleven: Officer Smith lacked a demonstrable reason to be concerned and used the exception after the fact as a pretext to investigate criminal activity | Court: Affirmed — Officer Smith had an objectively reasonable basis for a welfare check; actions fell within the community caretaker exception |
Key Cases Cited
- Cady v. Dombrowski, 413 U.S. 433 (1973) (recognizes the community caretaker exception for noninvestigative police functions)
- State v. Rinehart, 617 N.W.2d 842 (S.D. 2000) (adopts community caretaker exception; requires demonstrable reason to believe driver may be unfit)
- State v. Deneui, 775 N.W.2d 221 (S.D. 2009) (adopts multifactor approach and emphasizes caretaking as health and safety checks)
- Commonwealth v. Fisher, 13 N.E.3d 629 (Mass. App. Ct. 2014) (recognizes police may rely on training and investigatory experience when performing caretaking functions)