When Can a “Welfare Check” Lead to a Criminal Arrest in Florida?
When a police officer sees you commit an apparent traffic violation, it is lawful for that officer to pull you over and initiate a traffic stop. The officer may then try to extend that stop if they observe evidence of some other possible crime, such as DUI or drug possession. Of course, the officer still needs probable cause to actually arrest you for such offenses.
Separate from an officer’s duty to enforce the traffic laws, however, is a long-recognized rule known as the “community caretaking doctrine.” This is a rule created by judges that allow police officers to conduct brief searches and seizures of individuals during a so-called welfare check. In this context, a “welfare check” means the officer has a “legitimate concern” for the safety of an individual and wants to make sure they do not require assistance.
For example, if an officer sees a driver sleeping behind the wheel of a parked car, the officer may conduct a brief welfare check to ensure everything is okay. Unless the officer subsequently develops some “reasonable suspicion” that there may be criminal activity, however, the welfare check must end when the officer determines the person does not require assistance.
Officer’s Actions Must Involve “Legitimate Concern” for Public Safety
That said, welfare checks often escalate into criminal investigations. A recent case from the Florida Fifth District Court of Appeal, State v. Sheldon, provides an example. In this case, a Florida Highway Patrol trooper saw the defendant “weaving several times over the fog line” while driving on a state highway. The officer decided to initiate a traffic stop and conduct a welfare check to make sure the driver was okay. This welfare check eventually led to the defendant’s arrest. (The Fifth District’s opinion did not specify the charge, but it was likely a DUI.)
The Fifth District subsequently overturned a trial court’s ruling granting the defendant’s motion to suppress any evidence gathered during the traffic stop. The appellate court said the trooper did nothing wrong. He was “justified in stopping a vehicle in the absence of a traffic infraction when the vehicle is being operated in an unusual manner causing legitimate concern for the safety of the public.” That was sufficient grounds to initiate a welfare check.
It should be noted that even when an officer has legitimate grounds to initiate a welfare check, that does not justify a seizure absent additional evidence suggesting criminal activity. For instance, in a 2021 case, Taylor v. State, the First District Court of Appeals held that a police officer crossed the line when he pulled a sleeping man out of his car during a welfare check. At that moment, the Court said “there was no sign” of the defendant’s involvement in any illegal activity.
Contact a Fort Lauderdale DUI Lawyer Today
When a traffic stop leads to your arrest, it is imperative that you seek qualified legal representation. Our Fort Lauderdale DUI lawyers are here to help. Call Haber | Blank LLP today at 954-767-0300 to schedule a consultation.
Sources:
5dca.flcourts.gov/content/download/2441722/opinion/Opinion_2023-1668.pdf
scholar.google.com/scholar_case?case=547836033113759315
