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Think the police need to see a traffic infraction to stop you? You’re wrong. Police ‘welfare checks’ are legal in Florida.
What are ‘Welfare Checks’?
For every rule in the criminal law there is an exception, and here that rule is about something that affects every driving citizen every time they get into a car. Most people reasonably assume that when they are driving, a police officer can pull them over and give them a ticket if they are committing a traffic infraction and assume that if the police have reasonable suspicion that a crime has been committed they can also pull you over (for example if you match the description of a getaway car or something like that). That is generally the rule, PC or reasonable suspicion to detain a driver. However an exception exists called the “community caretaking doctrine” and it is frequently also referred to as a ‘welfare check’.
This might make sense, but it can be pretty frustrating in practice, because from an evidence standpoint, it looks exactly like an officer pulling you over when you haven’t committed a traffic infraction nor is there reasonable suspicion you have committed a crime. In fact this scenario played out recently in the 5th DCA when a lower Court judge was reversed for pushing back against this fishy police practice.
The Legal Case for ‘Welfare Checks’ – Pulling You Over Without Seeing a Traffic Infraction
In a recent decision, the Florida District Court of Appeal reversed a trial court’s order granting a motion to suppress evidence obtained during a traffic stop. The case centers on whether a Florida Highway Patrol trooper had the legal grounds to initiate a stop based on a “welfare check” after observing a vehicle weaving over the fog line. State v Sheldon 5D2023-1668 5th DCA October 8th 2024
The trooper observed the vehicle swerving multiple times while traveling on Highway 19 in Hernando County around 2:00 a.m. Concerned the driver might be impaired, ill, or experiencing mechanical issues, the trooper initiated a stop for a welfare check. Although the trooper’s bodycam footage only captured some of the swerving incidents, the officer testified that additional weaving occurred prior to the video. The trial court, however, found that the stop was unjustified and granted the motion to suppress, dismissing the “welfare check” rationale and stating ‘there is nothing talismanic about the words ‘welfare check’. (The Court was obviously suspicious of the stop, but didn’t go so far as to state that it did not believe the trooper’s motives) As many practitioners know, police welfare checks are sometimes made up after the fact and are dubious at best.
The appeal court disagreed, noting that the “community caretaking doctrine” allows officers to stop a vehicle for a welfare check based on a legitimate concern for public safety, even without a specific traffic violation. This doctrine recognizes that officers can stop a vehicle if its erratic driving suggests the driver may be impaired or unfit to drive, thus posing a potential danger to others on the road, making clear police welfare checks aren’t going anywhere.
The reason this doctrine can be tricky in practice is because it must be based on ‘legitimate safety concerns for the public’ which is very similar to ‘the officer must really believe there is a safety concern’, something pretty easy to say after the fact and for which there is normally no direct proof. Police welfare checks rest on a single sentence spoken to a judge.
This decision reaffirms the principle that police officers may initiate investigatory stops under the community caretaking doctrine when there are legitimate safety concerns, even if those concerns do not involve a traffic infraction or criminal behavior.
Don’t Let Welfare Checks Hurt You!
Lesson to all those late night drivers out there, don’t risk getting pulled over and accused of drunk driving or driving under the influence because you’ve been weaving, get an Uber and don’t text. If you have questions or something similar has happened to you, contact a knowledgeable criminal defense attorney right away. Criminal Defense Attorney Matt Landsman is a certified Criminal Trial Expert in Florida and can help you. Don’t let a police welfare check hurt you.