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Today, we have another question about search and seizure, this time from an officer in the state of Virginia. The officer asks: If a positive canine alert for drugs occurs on a vehicle, does that give you the right to search the driver and passengers for drugs? The short answer is: Generally, it gives you […]
Understanding Probable Cause in Law Enforcement: Insights for New Officers As a new officer in law enforcement, one of the questions that can often arise during traffic stops is how to determine when you have enough probable cause to search a vehicle. It’s not always immediately clear, and the decision-making process can seem ambiguous at […]
In a recent discussion about law enforcement and constitutional rights, a fascinating case from Montana brought up some thought-provoking questions about the extent of a police officer’s authority during traffic stops, particularly when a suspect enters their driveway or private property. The key issue revolves around the concept of “curtilage,” or the area immediately surrounding […]
Today’s question comes from an officer in Texas. Here’s the scenario: A Texas officer conducts a traffic stop for speeding. While interacting with the driver, the officer observes a can of beer in the center console. The driver confirms that it’s an open beer. In Texas, an open container violation is not an arrestable offense, […]
Today, I’m going to share with you the three golden rules of search and seizure. These rules come from reviewing thousands of court cases over the past 20 years, and over time, a pattern emerges of what the courts are looking for. The first golden rule—and the most important—is this: The more you can articulate […]
I’ve got another great question from an officer in Surprise, Arizona, and I want to share it with you and provide my feedback. The question is: “Can officers still ask for consent to search a vehicle during a traffic stop without it being considered an extension of the stop for an unrelated reason, which would […]
Today’s question is: Can you run the serial number of a firearm during a traffic stop? The answer is most likely yes, but there are some important caveats to consider. Lawful Seizure of a Firearm First, we know that if you lawfully seize a firearm—such as during a pat-down or a traffic stop—it is generally […]
As I travel around the country teaching, I still find that many people either misinterpret or are confused about the Rodriguez case. So, let’s go back in time and clarify. Understanding Rodriguez v. United States Rodriguez is a Supreme Court case that held that officers cannot extend a traffic stop beyond its original mission to […]
Today’s question comes from an officer in California: Can you search a person based on a report that they have a firearm? Scenario A police officer receives a call about a man with a gun. For example, a witness reports seeing someone standing on a street corner holding a firearm. Upon arrival, the officer sees […]
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