7-7-09 State v. Anthony Bogan (A-7-08)
The police officer’s warrantless entry into an apartment for the
purpose of taking the telephone from an unattended child to
speak with his parent was justified by the community caretaking
doctrine because the officer had a duty to identify a
responsible adult for the child and to ensure his safety.
Because the officer was lawfully on the premises when he
observed in plain view defendant, who fit the suspect’s
description, he had a right to direct his fellow officers to
question defendant. Defendant’s Mirandized statements in
response to questioning were properly admitted at trial.
Richard Sadowski
Assistant Editor
