Green (Len) v. State ( 2013 )

 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
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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
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