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All right, we’ve got another question that comes up a lot: Is a search incident to a non-custodial arrest, such as a summons for a crime where evidence could reasonably be located on a person, legal? I received a question from a cop in Colorado who said, “I watched episode 421, which was about searches […]
Does drinking from a brown glass bottle, similar to what a beer bottle looks like, give an officer reason to suspect a violation and stop someone to investigate a potential open container violation or DUI? So, look, this question comes from a retired officer who wanted to bring something to my attention. He was in […]
This question comes from an officer in Alabama. The officer said they have a judge who posted an order stating that no cameras are allowed in the hallway. Apparently, auditors have been entering the courthouse with cameras, standing around filming, which draws attention to their eccentric behavior. They upload the footage to YouTube, which seems […]
Yes, there is some truth to what the old-timers say, “Yeah, we can just ignore that stuff. That’s federal. We’re in a state; we don’t need to listen.” And, to some extent, that’s true. The reason it’s true is that state courts have their own sovereignty and authority to interpret the Fourth Amendment as they […]
An officer from South Dakota mentioned a scenario in Episode 713. This episode covers entering curtilage to make a warrantless arrest. In a nutshell, I advised that officers need to be very careful when doing this. For example, if you’re on someone’s porch and you see them standing there, and your intent is to arrest […]
This is an interesting question. An officer in Tennessee asked, “We responded to assist EMS on a medical call, and now EMS is forcing a subject to go to the hospital against their will. They’ve asked for police help to escort the subject to the ambulance, which may require force because the subject is refusing […]
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