Mr. Isenberg was then able to establish that the officer believed that a welfare check was equivalent to community caretaking.
DALLAS, TX, April 19, 2018 /24-7PressRelease/ — Criminal defense attorney Randall B. Isenberg of the Law Offices of Randall B. Isenberg won a motion to suppress hearing for a DWI case when he established that a police officer had no probable cause to stop, search, and ultimately arrest the defendant for DWI on July 11, 2015 in Dallas County.
During the hearing, Mr. Isenberg cross-examined the police officer and asked him his reason for stopping the defendant. The officer said it was a welfare check, but was unable to articulate what a welfare check meant. Mr. Isenberg was then able to establish that the officer believed that a welfare check was equivalent to community caretaking.
But Mr. Isenberg successfully argued that the basis for the stop was not community caretaking because the stop did not meet the community caretaking criteria. In making his argument, Mr. Isenberg cited Corbin v. State of Texas, which established the criteria for a stop to be considered community caretaking.
“Our criminal justice system relies on law enforcement officers to have probable cause to stop citizens,” Mr. Isenberg said. “Every person in Texas is entitled to this protection from over-policing. When officers fail to follow this probable cause standard, the arrests they make are unjust under the law.”
To determine if a stop constitutes community caretaking, the officer must consider: the nature and level of the distress exhibited by the individual, the individual’s location, whether the individual was alone and/or had access to further assistance, and the extent to which the individual presented a danger to himself or others.
Neither the police officer nor the prosecutor at the hearing could establish that the stop met the community caretaking criteria. Thus, Mr. Isenberg successfully argued that the officer did not have probable cause to stop the defendant. As a result of the motion to suppress victory, charges against Mr. Isenberg’s client were dropped.
About the Law Offices of Randall B. Isenberg
The Law Offices of Randall B. Isenberg is a criminal defense law firm located in Dallas, Texas. He is licensed to practice law in the states of Texas and Colorado, as well as before the Supreme Court of the United States. The firm represents clients charged with DWI and other crimes. Randall Isenberg is a former Senior Chief Felony Prosecutor and a State District Trial Judge who brings 30 years of experience in the criminal justice system to his criminal defense practice. Isenberg is Board Certified in Criminal Defense by the Texas Board of Legal Specialization and is certified as a Criminal Defense Advocate by the National Board of Trial Advocacy.
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