Is a local police officer justified in detaining an endangered missing person?

California, United States of America


The following excerpt is from People v. Malone, G044607, Super. Ct. No. 08WF1408 (Cal. App. 2012):

endangered missing person; he was required to investigate, so he was justified in detaining defendant until he sorted out the situation. "Local police officers, unlike federal officers, frequently investigate vehicle accidents in which there is no claim of criminal liability and engage in what, for want of a better term, may be described as community caretaking functions, totally divorced from the detection, investigation, or acquisition of evidence relating to the violation of a criminal statute." (Cady v. Dombrowski (1973) 413 U.S. 433, 441.)

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