{"id":7226,"date":"2023-10-26T15:25:38","date_gmt":"2023-10-26T15:25:38","guid":{"rendered":"https:\/\/portal.bluetogold.com\/?p=7226"},"modified":"2026-09-17T06:24:05","modified_gmt":"2026-09-17T13:24:05","slug":"unconscious-person-id","status":"publish","type":"post","link":"https:\/\/portal.bluetogold.com\/?p=7226","title":{"rendered":"Unconscious Person ID"},"content":{"rendered":"

Can you search an unconscious person’s property for their ID? <\/strong><\/p>\n

Generally, we cannot search people for identification if they’re only being detained.\u00a0 They do have to identify themselves. They don’t have to physically provide an ID, but if they fail to identify, then that has legal consequences.\u00a0 Searching them for their ID is a different story.<\/p>\n

Can you search an unconscious person for their ID?<\/h2>\n

Now what about the person who is unconscious?<\/p>\n

Can we search them for their ID?<\/p>\n

Generally, the answer is, \u201cyes.\u201d<\/strong> We can search them under community caretaking<\/a>.<\/p>\n

The Nevada search and seizure book is a really good resource for stuff like this.\u00a0 I have a chapter on page 212 that’s called \u201cCause of injury searches.\u201d\u00a0 That’s what I call them.<\/p>\n

What is a cause of injury search?<\/h2>\n

You’re allowed to conduct limited cause of injury searches in order to assist the person with their medical care, for them to get medical treatment.\u00a0 The Doctrine really falls under a subset of community caretaking; those things which are non investigatory to help render life saving measures.<\/p>\n

Do you think that having their ID can help provide medical care? \u00a0 The answer generally is \u201cyes,\u201d because you can provide information to Medical, and they can run that person in their database.\u00a0 Maybe this person has been to the hospital before, there are known allergies, there are known medications and a prior history that can help render care.<\/p>\n

Also, maybe this person needs medicines.\u00a0 Maybe if you search their purse while they’re unconscious, and you see that they have medicines, that is something that Medical wants to know as well.<\/p>\n

What if you find drugs while looking for their ID?<\/h2>\n

Now, what happens if you find plain view<\/a> evidence as you’re doing this?\u00a0 Well, as long as the court believes that searching the person for their identification, medicines, medical alert bracelet and so forth was objectively reasonable, meaning that you did have a reason for doing it, then the evidence found in plain view is coming in.<\/p>\n

However, if you did not justify why you were doing it, then the evidence is not coming in.\u00a0 So you do have to at least justify that there was a community caretaking rationale.\u00a0 Remember, community caretaking is not for criminal investigations. It’s really a way to help people.\u00a0 So that’s the motive here.<\/p>\n

However, if you find plain view evidence, then it has consequences.\u00a0 You can use that evidence against them.<\/p>\n

I hope this has helped you get it right every single time.\u00a0 Keep the questions coming in and stay safe.<\/p>\n

Related from Blue to Gold<\/h2>\n