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Poe v. Commonwealth7/22/2005
id basis to stop him in these circumstances. Officer Marszalek observed no traffic violations, no criminal activity, and no evidence such as a flat tire, flashing lights, jumper cables, a raised hood or any other indication that Poe required assistance. The community caretaking function does not provide justification for the stop in this case. Whether it would provide justification in other circumstances we leave for another day.
The decision of the circuit court is reversed and the case is remanded for proceedings consistent with this opinion.
ALL CONCUR.
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