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Let’s start with some case law. The Ninth Circuit has held that you are allowed to use handcuffs during an investigative detention or traffic stop, if you can articulate it. A good case on this is United States versus Taylor, Ninth Circuit 1983. They basically held that the use of handcuffs, if reasonably necessary, has […]
Can you open up a security door during a knock and talk? The officer is asking this question regarding a knock and talk. They don’t have a warrant, they don’t have exigency, they just want to do a knock and talk. Well, they approach the home, and the home has one of those security doors. […]
Can you patdown an overdose suspect? This question comes from an officer in Wisconsin. The officer says, “You respond and revive a suspected overdose patient. Can you conduct a patdown prior to them being transported by EMS? This is for the safety of the staff, due to drug abusers commonly carrying tools related to their […]
How can police seize evidence that was obtained unlawfully by another person? Hello. My name is Anthony Bandiero, attorney and senior legal instructor for Blue to Gold Law Enforcement Training. This question comes from an officer in Miami. He says, ‘We went to a number one call for a domestic disturbance. We’re inside the residence […]
This is a question that comes up a lot. I’m being very proactive about this issue, which is: Can police tag an abandoned or junked vehicle when it’s on curtilage? Okay, here is the scenario. There’s a new ordinance. This comes out of the great state of Louisiana. There’s an ordinance that directs police officers […]
How can police order potentially smuggled people in a van out? My name is Anthony Bandiero, attorney and senior legal instructor for Blue to Gold Law Enforcement Training, bringing this question from officer in Illinois. The officer says, “Would it be a Fourth Amendment violation by entering a full size van? It’s about 95 degrees […]
Can officers open a car door if the driver refuses to identify themselves? I’m Anthony Bandiero, attorney and senior legal instructor for Blue to Gold Law Enforcement Training. This question comes from an Officer in Arizona. Here is the scenario. An officer basically makes a traffic stop, and the driver is refusing to identify themselves, […]
“My question is, if you place a person under arrest, let’s say for driving while suspended, can you ask them while they are in custody for consent to search the vehicle?” My name is Anthony Bandiero, attorney and senior legal instructor for Blue to Gold Law Enforcement Training. This question comes from officer in Kansas. […]
Can you use a marijuana trained dog after your state legalizes marijuana? This question came from an officer in Kansas. The officer said, “Our department is implementing a brand new canine program. And apparently the dog is going to be proofed on marijuana. Now currently, marijuana is illegal in Kansas. So far, so good. But […]
“What are the Hot Pursuit requirements?” Let me fill you in on what’s going on with this case so that you have some context. An officer observes a male about to exit a house, but upon seeing the officer, he steps back in. This is pretty common suspicious behavior, not necessarily reasonable suspicion, but suspicious. […]
This one is a good one. It comes from an officer from Southern California. The question is, “Can cops break a car window to retrieve a firearm that is evidence?” Let me give you the background here. This was a computer call for service. The victim says that she was assaulted with a gun. The […]
“Can you search a person for evidence if you have probable cause?” In other words, do you have to make the arrest? Let’s go through a couple scenarios with the officer. One is basically that the officer had a consensual encounter with a suspect that he knows from prior arrests. He’s your neighborhood felon, that […]
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