Day: December 2, 2024

Is a Cell Phone Ping Enough PC for a Warrant?

Can a Find My iPhone ping provide probable cause for a search warrant? The officer asks: “We’ve had an influx of stolen or lost phones, and the owners are asking for our help in retrieving them. It’s been our practice to go to the residence where the phone is pinging, do a knock-and-talk, and if […]

Can a Driveway Traffic Stop Allow a K9 Sniff?

If a person pulls into their driveway during a traffic stop, would that allow you to conduct a canine sniff? Let’s dive in. Why Is This an Issue? This question is relevant because of Collins v. Virginia. In Collins, the U.S. Supreme Court ruled that the motor vehicle exception does not apply when a vehicle […]

When Does Miranda Apply Over the Phone?

So, you want to talk to a suspect about a crime, but you want to do it over the phone. Do you have to read them Miranda? Are there any Miranda issues applicable in this scenario? This question comes from a lieutenant with the Department of Veterans Affairs. The lieutenant asks: What are the best […]

Search Incident to Arrest

Can you make a search incident to arrest even if you’re not planning to formally arrest the person and just issue a citation? Today’s question comes from an officer in Colorado. He essentially asked, “If I have probable cause to issue a citation for paraphernalia, can I also search their backpack or their person? Can […]