The First Appellate District reversed a judgment. The court held that a police officer acted unreasonably, notwithstanding his community caretaking duties, in stopping a vehicle due to the apparent illness of a passenger.
Redwood City Police Officer Perez observed a man in a shopping center parking lot sweating and walking with an unsteady gait. The man walked some 50 feet to a parked car and got into the passenger seat. Officer Perez drove over to the car and blocked it as it was about to leave. Officer Perez asked the driver for identification, and then inquired whether there were any weapons or drugs in the car. The stop eventually disclosed narcotics in the possession of both the driver and the passenger. The driver, Luis Madrid, was charged with multiple narcotics offenses.
