In People v. Tardi,1 the New York Court of Appeals has recently upheld the towing, impoundment and inventory search of an automobile, holding that these actions were, under the facts of the case, consistent with a “community caretaking function.” This is the first time the court has adopted this theory, although it has made oblique references to it in the past.2 What is the origin of this doctrine and, more importantly, what are its boundaries and scope?
Background
Almost 50 years ago, the U.S. Supreme Court first referred to the community caretaking functions of police departments. In Cady v. Dombrowski, 413 U.S. 433 (1973), the court noted that these functions are totally divorced from the detection, investigation or acquisition of evidence relating to criminal conduct. They can include the resolution of noise disputes, searching for missing persons, answering complaints about injured animals, assisting the elderly, sick and homeless, and checking to ensure that businesses are secured at night.
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