The court of appeals just decided another case on the community caretaking doctrine. It’s the fourth published community caretaking case in the last five years, and there have been a couple of unpublished ones as well. The activity in the appellate division suggests that the doctrine is being invoked much more frequently in the trial courts. This post explains the new case and provides a quick refresher on the older ones.
G.S. 15A-245 provides that information other than that contained in a search warrant affidavit may not be considered by the issuing official in determining whether probable cause exists to issue the warrant unless the information is either recorded or contemporaneously summarized in the record or on the face of the warrant by the issuing official. This is commonly known as the “four corners” rule because the issuing official and later a judge at a suppression hearing may only consider information within the four corners of the search warrant (with the limited exception mentioned above). The issue does not arise often in appellate court opinions. However, it was involved in the June 21, 2016, North Carolina Court Appeals case of State v. Brown, available here, and is the subject of this post.