Appellant's Brief - Washington State Courts
Appellant's Brief - Washington State Courts
Appellant's Brief - Washington State Courts
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difficulty speaking, was barely conscious when being held upright,<br />
and passed out immediately upon being placed on the couch.<br />
Officers were unable to rouse him enough to find out if Ms.<br />
Freeman was permitted to be in the trailer. (I123106 RP, pgs. 19-<br />
21, 23, 2735-36). He obviously was in no condition to protect<br />
himself if there was, in fact, someone in the trailer who would harm<br />
him or take his property. He may not have been in danger of dying<br />
from the alcohol, but he wasn't able to tend to his own physical<br />
needs, either. The trial court was correct in finding that the officers<br />
acted appropriately.<br />
d. Factors supporting the community caretaking function.<br />
The facts in this case amply support the trial court's findings<br />
of fact, as well as the factors underlying the emergency aid<br />
exception, as set forth in Johnson, supra, at 415. Johnson includes<br />
the emergency exception in the community caretaking function.<br />
(1) The officer subjectively believed that someone likely<br />
needed assistance for health or safety reasons. The officers who<br />
had to physically help Harold Briggs walk into his trailer<br />
subjectively believed he needed assistance for both health and<br />
safety reasons.