When "Community Caretaking" Becomes an Illegal Stop in WI

 Posted on November 12, 2025 in DUI/OWI

A driver who is pulled over for appearing to drive aimlessly around the block or being parked too long by the side of the road often falls under community caretaking. This doctrine allows a police officer to pull a driver over to check on the driver and ensure he or she is "okay." But what happens when a "community caretaking" stop leads to field sobriety tests, DWI charges, or drug charges? The legality of the stop may then come into question.

While the community caretaking doctrine permits police officers to intervene for public safety, it can be misused as a shortcut to avoid establishing probable cause or reasonable suspicion. Perhaps your traffic stop had little to do with community caretaking and everything to do with a stop that led to the serious charges you are now facing. If so, it is time to speak to a knowledgeable Walworth County criminal defense lawyer who will fight for your rights and your freedom.   

What is the Community Caretaking Doctrine?

Cady v. Dombrowski in 1973 introduced the doctrine of community caretaking in Wisconsin, which allowed police to act to protect the public without investigating a crime. Wisconsin then expanded the doctrine in 2009 and 2010, permitting limited "non-investigatory intrusions."  The community caretaking doctrine was largely applied in roadside and parked vehicle contexts where an officer claimed to be checking on the welfare of a driver.

Does a Constitutional Conflict Exist with the Wisconsin Community Caretaking Doctrine?

Both the Fourth Amendment and Article I, Section 11 of the Wisconsin Constitution require reasonable suspicion for traffic stops. Community caretaking is meant to be an entirely separate issue from a criminal investigation, but in practice, the lines can quickly blur. In 2021, the U.S. Supreme Court restricted the use of caretaking justifications for entering homes, prompting Wisconsin courts to re-examine the reach of law enforcement in vehicles. Common examples of the community caretaking doctrine’s use in Wisconsin include:

• A police officer checks on a driver who is "unusually parked."  
• A driver is pulled over for "weaving slightly."
• A police officer uses the doctrine to justify a stop in rural conditions on the theory that assistance might be necessary.
• Police initiate contact for a welfare check, but immediately shift to an OWI or drug investigation.
• A police officer stops a vehicle driving late at night to check whether the driver is "okay."

Wisconsin courts must scrutinize whether the officer’s actions were truly for safety or a pretext for a criminal investigation. A defense attorney can challenge a "caretaking" stop when:

• Neither the driver nor the passengers is in obvious distress.
• The officer activates his or her emergency lights when there is no clear emergency.
• The "safety" check quickly turns into questioning or field sobriety testing, unrelated to safety.
• The police officer extends the stop beyond what is necessary for a safety check.

Are There Defenses to the Community Caretaking Doctrine Being Used as a Workaround?

Wisconsin is one of the few states remaining with broad caretaking interpretations, making legal challenges common. When the stop can be suppressed as being unlawful, then the resulting criminal charges, like OWI, drug charges, and firearm prosecutions, can potentially be dismissed. An experienced criminal defense attorney may argue that the stop lacked valid caretaking grounds and was clearly an investigative stop.

A review of video and body-camera footage may show the driver was not in distress and that the officer’s "tone" was investigatory. A timeline analysis may show that the officer prolonged the encounter beyond the scope of checking on the defendant’s safety. Thorough cross-examination of the officer may expose inconsistencies between his or her stated intent and actual behavior.

Contact a Milwaukee County, WI Criminal Defense Lawyer

If you were stopped under the guise of "community caretaking," your stop may have crossed constitutional boundaries. A highly skilled Walworth County, WI drug crimes attorney from Bucher Law Group, LLC can challenge the stop and protect your rights. Attorney Bucher spent two decades as the Waukesha County District Attorney, affording him experience that benefits his clients, and he has litigated thousands of cases. Call 262-446-9222 to schedule your free consultation.