Community Care Doctrine applies in Howard case

A Jefferson County judge denied a motion to suppress evidence against Devlin Howard, 39, of Helena, who was charged with assaulting a Boulder police officer and possessing drug paraphernalia after a welfare check in 2019. 

The motion, filed by Howard’s attorney Samuel Martin in February 2020, called into question the concept of the Community Care Doctrine, and whether officers in the case overstepped its boundaries.

Montana Fifth Judicial Court Judge Luke Berger ruled Dec. 23 that the Community Caretaker doctrine did apply to the interaction between the two Boulder police officers and Howard, which occurred around 3 a.m. on Nov. 28, 2019.