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5 Ways to Pursue Hunches

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An officer asked: A hotel manager voluntarily hands over a full residence list and offers a key to serve arrest warrants after officers execute a search warrant on one apartment. Is there anything wrong with running everyone on that list for warrants, and could that later create plain view issues while serving those arrest warrants? This episode features Anthony Bandiero and Nick, a legal intern and incoming Blue to Gold instructor, working through a real scenario submitted by an officer in Oregon during a live Q&A session recorded in Austin, Texas. 𝗪𝗵𝗮𝘁 𝘆𝗼𝘂'𝗹𝗹 𝗹𝗲𝗮𝗿𝗻: 📌 Why City of Los Angeles v. Patel only prohibits compelling a hotel to hand over registry data, not receiving it when the hotel voluntarily provides it on its own accord 📌 Why the third-party data doctrine, established in United States v. Miller and Smith v. Maryland, means that once a guest voluntarily hands over their information to a hotel, the hotel can do whatever it wants with that data, including giving it to police 📌 Why running names or plates through a government database does not implicate the Fourth Amendment at all, since there is no privacy interest in a government-run database, though it could still raise a separate policy issue depending on state law or NCIC usage rules 𝗖𝗮𝘀𝗲 𝗹𝗮𝘄 𝗰𝗼𝘃𝗲𝗿𝗲𝗱: 📌 City of Los Angeles v. Patel, 576 U.S. 409 (2015) — a city ordinance compelling hotel operators to make guest registries available to police on demand without an opportunity for precompliance review violates the Fourth Amendment; voluntary disclosure by the hotel is not affected by this holding 📌 United States v. Miller, 425 U.S. 435 (1976) — bank records voluntarily conveyed to a third party are not protected by the Fourth Amendment Smith v. Maryland, 442 U.S. 735 (1979) — information voluntarily conveyed to a third party, such as a phone company, carries no reasonable expectation of privacy and is not protected by the Fourth Amendment Have a search and seizure question in mind? Submit them for instructors to answer or join the next Search & Seizure show and get your questions answered LIVE ON AIR. 🚨 https://www.bluetogold.com/show https://bluetogold.com/trainings/?attendance=webinar If you like this video, don’t forget to like and subscribe to our channel for more legal updates! -- Blue to Gold Training: ➜ Class Schedules - https://www.bluetogold.com/trainings ➜ On-demand Training - https://university.bluetogold.com/ ➜ Free Legal Training Webinar - https://bluetogold.com/trainings/?attendance=webinar ➜ Book Store and Training Materials - https://www.bluetogold.com/store CONNECT WITH US: 🌍 Facebook - https://www.facebook.com/bluetogold 📸 Instagram - https://www.instagram.com/bluetogold 🎥 TikTok - https://www.tiktok.com/bluetogoldtrai... 💌 LinkedIn - https://www.linkedin.com/company/blue... #LawEnforcementTraining #PoliceTraining #LegalEducation #bluetogold #searchandseizure #fourthamendment #caselawforcops #caselaw
EP#1062 Can Officers Run Names From a Voluntarily Provided Hotel Registry List?
Can you use those same records without applying for a new warrant? Probably, if the information is already sitting there and you are not doing any new exploration. But there is a line. Olson v. County of Grant shows what happens when a cell phone extraction gets shared with an unrelated agency beyond the scope of the original consent. Commonwealth v. Yusuf shows the same problem with body camera footage reviewed again for a totally different case. First look is fine. Second look for something new, get a warrant. Full episode with Anthony Bandiero and Nick Scanlon on YouTube, recorded live in Austin, Texas. #LawEnforcement #FourthAmendment #SearchWarrant #DigitalEvidence #RoadsideChat
A contractor's bank records were obtained under one warrant. Later, a different case develops.
An officer asked: We received a search warrant for a contractor's bank records in one investigation, later arrested him, and got a separate warrant for his phone. Can we use the bank records from the first warrant in our current case, or do we need to reapply for a new search warrant covering those same records? This episode features Anthony Bandiero and Nick, a legal intern and incoming Blue to Gold instructor, working through a real scenario submitted by an officer in South Dakota during a live Q&A session recorded in Austin, Texas. 𝗪𝗵𝗮𝘁 𝘆𝗼𝘂'𝗹𝗹 𝗹𝗲𝗮𝗿𝗻: 📌 Why sharing records already in the lawful possession of the government generally does not require a new warrant, since there is no additional exploration or intrusion needed when the information is already on a silver platter 📌 Why Olson v. County of Grant shows what happens when this goes wrong, since sharing a cell phone extraction with an unrelated agency for an unrelated purpose exceeded the scope of the original consent and constituted a separate Fourth Amendment search 📌 Why Commonwealth v. Yusuf illustrates the difference between the first look and the second look, since reviewing body camera footage anew for a completely different investigation, after the original purpose had been served, was treated as a fresh warrantless search 𝗖𝗮𝘀𝗲 𝗹𝗮𝘄 𝗰𝗼𝘃𝗲𝗿𝗲𝗱: 📌 Olson v. County of Grant, 127 F.4th 1193 (9th Cir. 2025) — sharing a consented-to cell phone extraction with an unrelated agency for an unrelated investigation exceeded the scope of the original consent and constituted a separate Fourth Amendment search 📌 Commonwealth v. Yusuf, 488 Mass. 379 (2021) — a subsequent, warrantless review of body-worn camera footage for an investigative purpose unrelated to the incident that generated it constituted an unconstitutional search Have a search and seizure question in mind? Submit them for instructors to answer or join the next Search & Seizure show and get your questions answered LIVE ON AIR. 🚨 https://www.bluetogold.com/show https://bluetogold.com/trainings/?attendance=webinar If you like this video, don’t forget to like and subscribe to our channel for more legal updates! -- Blue to Gold Training: ➜ Class Schedules - https://www.bluetogold.com/trainings ➜ On-demand Training - https://university.bluetogold.com/ ➜ Free Legal Training Webinar - https://bluetogold.com/trainings/?attendance=webinar ➜ Book Store and Training Materials - https://www.bluetogold.com/store CONNECT WITH US: 🌍 Facebook - https://www.facebook.com/bluetogold 📸 Instagram - https://www.instagram.com/bluetogold 🎥 TikTok - https://www.tiktok.com/bluetogoldtrai... 💌 LinkedIn - https://www.linkedin.com/company/blue... #LawEnforcementTraining #PoliceTraining #LegalEducation #bluetogold #searchandseizure #fourthamendment #caselawforcops #caselaw
EP#1061 Can Investigators Share Bank Records Between Cases Without a New Search Warrant?
Atty. Anthony Bandiero is joined by senior legal instructor John Wiehn, prosecutor/instructor David Huckabee, and Mike Boone of Drury Law Enforcement Academy for another live Q&A. Real questions from real officers, answered on the spot. 𝗧𝗼𝗻𝗶𝗴𝗵𝘁'𝘀 𝗾𝘂𝗲𝘀𝘁𝗶𝗼𝗻𝘀: 📌 A passenger appears to be hiding something on a nighttime stop. Why "nervous + furtive movements" won't survive anymore, and how to articulate a Michigan v. Long protective sweep that will. 📌 Clear-bag policy at a football game — guy leaves his backpack by the fence and walks in. Abandoned? (State v. Dixon, Neb. 2020) 📌 Can you order a passenger to leave her purse in the car — and still search it under the Carroll doctrine? 📌 One roommate consents; contraband sits on the other roommate's desk in a shared dorm room. Can you walk over and grab it? (People v. Stock, Colo. 2017) 📌 Confrontational driver says "yeah, I got drugs and guns in there." Verbal PC, or are you being played? 📌 Search incident to arrest when you cite and release. (Knowles v. Iowa, and why it's really an exigency search — U.S. v. Pope, 9th Cir.) 📌 THCA tube in plain view on the porch of a known drug house. Enough for a warrant into the residence? 📌 How much privacy do homeless encampments have — on public land, and on huge private tracts? 📌 State v. Young (Tex. Crim. App.): anonymous call, driver asleep at a light, exit order before the officer smelled anything. When did it become a detention? The theme of the night: articulation. Stop writing "nervous." Tell the court why. When in doubt, write it out. 𝗤𝘂𝗲𝘀𝘁𝗶𝗼𝗻 𝗧𝗶𝗺𝗲𝘀𝘁𝗮𝗺𝗽 2:13 Nervous passenger hiding something: what can you do? 4:05 What a "furtive movement" really is 5:45 Michigan v. Long, Brendlin v. California, and the exit order 8:28 The most important word in report writing 10:30 The unattended backpack at the stadium 14:46 State v. Dixon: abandonment must be clear and unequivocal 18:25 Ordering a passenger to leave her purse in the car 23:25 Officer safety vs. the Carroll doctrine 27:42 Dorm rooms: one roommate consents 34:12 People v. Stock: common authority 35:02 "I got drugs and guns in there" — sarcasm or verbal PC? 42:39 Search incident to arrest when you cite and release 46:29 It's not a SITA — it's an exigency search (U.S. v. Pope) 50:02 Paraphernalia on the porch: enough for a warrant? 55:40 Homeless encampments and privacy in tents 1:02:27 State v. Young: welfare check to DWI 1:07:47 Community caretaking is a seizure by definition 1:10:09 Is your "anonymous" tip really anonymous? Have a search and seizure question in mind? Submit them for instructors to answer or join the next Search & Seizure show and get your questions answered LIVE ON AIR. 🚨 https://www.bluetogold.com/show https://bluetogold.com/trainings/?attendance=webinar If you like this video, don’t forget to like and subscribe to our channel for more legal updates! -- Blue to Gold Training: ➜ Class Schedules - https://www.bluetogold.com/trainings ➜ On-demand Training - https://university.bluetogold.com/ ➜ Free Legal Training Webinar - https://bluetogold.com/trainings/?attendance=webinar ➜ Book Store and Training Materials - https://www.bluetogold.com/store CONNECT WITH US: 🌍 Facebook - https://www.facebook.com/bluetogold 📸 Instagram - https://www.instagram.com/bluetogold 🎥 TikTok - https://www.tiktok.com/bluetogoldtrai... 💌 LinkedIn - https://www.linkedin.com/company/blue... #LawEnforcementTraining #PoliceTraining #LegalEducation #bluetogold #searchandseizure #fourthamendment #caselawforcops #caselaw
Search and Seizure Show | September 16, 2026
Can you still compel someone's ID if you never actually plan to write the citation? Yes. It doesn't matter what your mental intent is at the time of the stop. If you have valid probable cause and statutory authority, you can demand ID. Whether you follow through with a citation afterward has no bearing on the legality of the stop itself. This is exactly what pretextual policing looks like, and it's a recognized, lawful practice. Full episode with Anthony Bandiero and Nick on YouTube, recorded live in Austin, Texas. #LawEnforcement #FourthAmendment #PretextualStop #IDCompel #RoadsideChat
Jaywalking stop. Bicycle stop. No ID normally required by law.
An officer asked: If I stop someone with probable cause for a violation where ID isn't normally required, like a bicycle stop or jaywalking, can I compel their ID? And does that change if I never actually intend to cite them once I run their information? This episode features Anthony Bandiero and Nick, a legal intern and incoming Blue to Gold instructor, working through a real scenario submitted by an officer in California during a live Q&A session recorded in Austin, Texas. 𝗪𝗵𝗮𝘁 𝘆𝗼𝘂'𝗹𝗹 𝗹𝗲𝗮𝗿𝗻: 📌 Why an officer's subjective intent to cite or not cite generally doesn't control whether ID can be compelled, so long as there is valid probable cause and statutory authority for the underlying stop 📌 Why the citation outcome, whether the officer ultimately writes it or lets it go, has no bearing on the lawfulness of demanding ID at the time of the stop 📌 Why pretextual policing, watching for a minor violation while actually looking for something bigger, is a recognized and lawful practice, distinct from whether an officer follows through on the citation afterward 𝗖𝗮𝘀𝗲 𝗹𝗮𝘄 𝗰𝗼𝘃𝗲𝗿𝗲𝗱: 📌 No specific cases are cited by name in this episode. However, the analysis closely mirrors the reasoning in Whren v. United States, 517 U.S. 806 (1996), that an officer's subjective intent or motivation is generally irrelevant to the Fourth Amendment analysis, which instead turns on objective reasonableness. Have a search and seizure question in mind? Submit them for instructors to answer or join the next Search & Seizure show and get your questions answered LIVE ON AIR. 🚨 https://www.bluetogold.com/show https://bluetogold.com/trainings/?attendance=webinar If you like this video, don’t forget to like and subscribe to our channel for more legal updates! -- Blue to Gold Training: ➜ Class Schedules - https://www.bluetogold.com/trainings ➜ On-demand Training - https://university.bluetogold.com/ ➜ Free Legal Training Webinar - https://bluetogold.com/trainings/?attendance=webinar ➜ Book Store and Training Materials - https://www.bluetogold.com/store CONNECT WITH US: 🌍 Facebook - https://www.facebook.com/bluetogold 📸 Instagram - https://www.instagram.com/bluetogold 🎥 TikTok - https://www.tiktok.com/bluetogoldtrai... 💌 LinkedIn - https://www.linkedin.com/company/blue... #LawEnforcementTraining #PoliceTraining #LegalEducation #bluetogold #searchandseizure #fourthamendment #caselawforcops #caselaw
EP#1060 Can Officers Compel ID From a Pedestrian or Cyclist Without Planning to Cite Them?
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