148 Md. App. 374 - State v. Brooks’s Empirical Analysis
2002
Citation profile
17
cited by 17 later decisions
1
states following
February 2021
most recently cited
17 state decisions
How this case has been cited
Cited by 17 later decisions — most recently February 2021
17 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Coolidge v. New Hampshire · Mincey v. Arizona · Tibbs v. Florida · Sedillo v. United States · Cady v. Dombrowski
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Linguistic or analytic confusion may be avoided if it is carefully noted 1) that exigency is a factor in the emergency aid and protection cases that are part of the community caretaking function, see, e.g., Oken v. State, 327 Md. 628, 643-47 , 612 A.2d 258 (1992); Lebedun v. State, 283 Md. 257, 259-78 , 390 A.2d 64 (1978); Davis v. State, 236 Md. 389, 395-98 , 204 A.2d 76 (1964); and 2) that exigency is also a factor that sometimes justifies warrantless activity in the course of a criminal investigation, see, e.g., Wengert v. State, 364 Md. 76, 84-86 , 771 A.2d 389 (2001); Carroll v. State, 335 Md. 723, 728-39 , 646 A.2d 376 (1994); Stackhouse v. State, 298 Md. 203, 468 A.2d 333 (1983); Burks v. State, 96 Md.App. 173, 195-98 , 624 A.2d 1257 (1993). It may be (we do not here decide) that the measure of exigency is the same in both contexts. Notwithstanding their common use of the term “exigency,” however, it would seem helpful to keep the two contexts scrupulously distinct. As Professor LaFave, op cit at § 6.6(a), p. 390 n. 5, noted: Though this “emergency aid exception” is one of many “community caretaking functions” of the police, it ... must be distinguished from “the exigent circumstance exception” ... for the former are only invoked when the police are not engaged in crime-solving activities.”
1 later decision quote this exact passage“Communities have always looked to local police to perform social services unrelated or at best partially related to enforcing criminal law. “Community caretaking” denotes a wide range of everyday police activities undertaken to aid those in danger of physical harm, to preserve property, or “to create and maintain a feeling of security in the community.” It includes things like the mediation of noise disputes, the response to complaints about stray and injured animals, and the provision of assistance to the ill or injured. Police must frequently “care for those who cannot care for themselves: the destitute, the inebriated, the addicted ... and the very young.” They are often charged with taking lost property into their possession; they not infrequently see to the removal of abandoned property. In those places where social disorganization is at its highest, police are even called upon “to serve as surrogate parent or other relative, and to fill in for social workers, housing inspectors, attorneys, physicians, and psychiatrists.” Community caretaking, then, is an essential part of the functioning of local police. It in fact occupies such a high proportion of police time that one can even question “the value of viewing the police primarily as a part of the criminal justice system.””
1 later decision quote this exact passage“Because of the extensive regulation of motor vehicles and traffic, and also because of the frequency with which a vehicle, can become disabled or involved in an accident on public highways, the extent of police-citizens contact involving automobiles, will be substantially greater than police-citizen contact in a home or office. Some such contact will occur because the officer may believe the operator has violated a criminal statute; but many more will not be of that nature. 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.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.