Reasonable Suspicion Stop for a Texas Buyer Tag
Did the Texas buyer plate give the officer proper reasonable suspicion to make the traffic stop? So this officer sees a vehicle at almost midnight in an area that’s kind of known for high crime and so forth, and sees a vehicle bearing a Texas buyer’s plate. Okay, so here is the reason why the […]
Losing Qualified Immunity
Today’s question is so important. It’s important to every single officer watching my videos and reading my blog. The question is, What happens if we lose qualified immunity? It’s on your mind, I know it is. And if you’ve already lost qualified immunity in some of the states like Colorado, New York and New Mexico, […]
Evacuation Centers and The Fourth Amendment
How does the Fourth Amendment apply to evacuation shelters? My name is Anthony Bandiero. I’m an attorney and senior legal instructor for Blue to Gold Law Enforcement Training. So let’s go through this. The question comes from an officer in Florida. After a hurricane or other natural disaster, hundreds of people are displaced temporarily, to […]
Seizing a Victim’s Cellphone
The question: Can officers routinely seize a victim’s cell phone if they’re the victim of a drive by shooting? He goes on to say, “Look, I’m an officer here, working at CHP. And we’ve had a lot of shootings that occur in my area, right? So we get out there, and we have some victims […]
Covering Cameras During Knock and Talk
Can police cover up cameras during a knock and talk? That’s a good question. This question comes from a civilian in New Jersey. You know that I enjoy answering questions from civilians as much as I do from cops, because I think it’s important for all of us to know the law. This person says, […]
Lawful Police Conduct During a Drug Investigation
Our question is: Were the police lawful during this drug investigation? This is a bit of a long fact pattern. There’s a lot to it so this is going to take a little longer than usual. But isn’t that why we’re here, so I can dissect the legal issues that you are facing out there […]
Are Passengers Allowed to Leave The Traffic Stop?
The question that we have this time is: Are passengers free to leave a traffic stop? The short answer is “NO.” Here’s why. The US Supreme Court has stated in a few decisions that passengers are seized under the Fourth Amendment when they are in a vehicle during a traffic stop. So they are seized. […]
Entering a Home to Seize a Person For a Mental Evaluation
May police enter a home to take somebody into custody for a mental evaluation? This question comes from an officer in Texas. He says, “As we all know, police have been increasingly contacting people with mental illness. Most of these subjects are encountered in public places where officers are able to make a face to […]
Searching a Parked and Unoccupied Car in New Jersey with PC
Can New Jersey police officers search a parked and unoccupied car with probably cause? Great question. My name is Anthony Bandiero. I’m an attorney and senior legal instructor for Blue to Gold Law Enforcement Training. I do teach in New Jersey, and I’m a licensed New Jersey attorney. This answer is obviously going to be […]
Privacy Interest Around a Homeless Tent
“Does a homeless person have a reasonable expectation of privacy in areas around an illegal encampment?” This comes from an officer in Las Vegas Metro PD. An arrest was made on a homeless lady who had more than 150 grams of meth. She was trespassing by a wash, and setting up a tent and so […]
Unconscious Person ID
Can you search an unconscious person’s property for their ID? Generally, we cannot search people for identification if they’re only being detained. 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. Searching them for their ID is a different […]
Acknowledgement of Understanding Miranda
“If after reading a suspect his Miranda rights, he does not acknowledge that he understands them, but begins talking, can the officer continue with the interrogation? This is John Wiehn, attorney and legal instructor for Blue to Gold Law Enforcement Training, with another question on a new topic. In effect, basically, what we’re asking is, […]