Green (Len) v. State

• Court: Nevada Supreme Court
• Decided: June 13, 2013
• Docket: 62486
• Status: Unpublished

Opinion

free to leave once detained pursuant to a traffic stop, he is not in custody

for Miranda purposes unless the encounter escalates into a formal arrest).

Second, Green contends that the district court erred by

denying his pretrial motion to suppress his statements to law enforcement

because they were elicited subsequent to an unconstitutional search. We

review de novo the district court's legal determination of the

constitutionality of a search but review its findings of fact for clear error.

Somee v. State, 124 Nev. 434, 441, 187 P.3d 152, 157-58 (2008). Because a

reasonable officer would have checked on Green's welfare upon learning

that he was involved in a traffic accident and discovering him

unresponsive, we conclude that the district court did not err by denying

Green's motion on this ground. See State v. Rincon, 122 Nev. 1170, 1175-

76, 147 P.3d 233, 237 (2006) (adopting the community caretaking

doctrine); People v. Ray, 476-77, 981 P.2d 928, 937 (Cal. 1999) (the

community caretaking doctrine applies where an objectively reasonable

officer would have perceived a need to protect a member of the

community).

Third, Green contends that the district court abused its

discretion by allowing witnesses to testify regarding statements that

Green's girlfriend made at the scene of the accident. We review a district

court's determination as to whether a statement falls within a hearsay

exception for an abuse of discretion. Rodriguez v. State, 128 Nev.

273 P.3d 845, 848 (2012). The district court admitted the statements as SUPREME COURT OF NEVADA 2 (0) 1947A

INSISEIMMISH EMENNIMENIMINIM excited utterances because they were made shortly after perceiving an

exciting event while the declarant was under the stress of the event. See

NRS 51.095; Rowland v. State, 118 Nev. 31, 42-43, 39 P.3d 114, 121

(2002). We conclude that the district court did not abuse its discretion by

admitting the statements.

Having considered Green's claims and concluded that they

lack merit, we

ORDER the judgment of conviction AFFIRMED.

Hardesty

Parraguirre V Cherry

cc: Hon. Alvin R. Kacin, District Judge Elko County Public Defender Attorney General/Carson City Elko County District Attorney Elko County Clerk

SUPREME COURT OF NEVADA 3 (0) 1947A

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