Open View Versus Plain View
Today, I want to share the difference between open view and plain view—two legal concepts that often come up in law enforcement. Open View Open view occurs when you are in a non-protected area and observe incriminating evidence. It’s called “open view” because it typically happens in open fields. Now, what exactly is an open […]
Can Cops Order Suspect Out of Home During DV Call?
This question comes from an officer in Texas, and it has a few moving parts. For simplicity, I’ll frame it as: Can we order domestic violence suspects out of their home? Now, this situation is more complex than it sounds, but let’s keep that as the central focus. I’ll provide some context to help clarify. […]
Can Police Enter Locked Room to Arrest DV Suspect?
Can You Enter a Locked Bedroom to Arrest a DV Suspect? Today’s question comes from an officer in Washington. Here’s the scenario: The domestic violence (DV) victim is outside her home, while the suspect is inside, locked in a bedroom. There is probable cause (PC) to arrest the suspect for DV. The victim indicates that […]
What is Entrapment?
This questions comes from an officer in Nebraska, and the topic is: What is entrapment? Let’s break it down. Entrapment occurs when law enforcement officers engage in behavior so extreme and over-the-top that they essentially harass someone into committing a crime. However, simply giving someone an opportunity to commit a crime is not entrapment. Courts […]
Can Police Conduct Knock and Talks at Odd Hours of the Night?
Hi, everyone! Today’s question comes from an officer in Texas who wants clarification on knock and talks. Specifically, the question is: Can you conduct a knock and talk at odd hours, such as late at night? The short answer is yes, but only if you have a reason to believe the occupant would be receptive […]
Can Cops Enter Home to Arrest Husband for Domestic When He Says You Cant Come In?
Hello, everyone! Today’s question comes from an officer in Iowa: Can you enter an apartment to arrest a husband for domestic violence if the wife is outside the apartment and the husband refuses to let you in? The officer mentioned familiarity with two key cases: Georgia v. Randolph – This case involves a situation where […]
What Factors Can Help to Justify a Vehicle Frisk for Weapons?
Today’s question comes from an officer in Las Vegas: What factors can justify frisking a vehicle for weapons? This is an important question. We’re all familiar with Terry v. Ohio, which allows officers to frisk individuals if they can articulate that the person is armed and dangerous. This standard, while not very high, requires specific, […]
What Is Leosa?
What is LEOSA for Active and Retired Law Enforcement Officers? Today’s topic might run a bit longer than usual, but if you’re a police officer or retired officer, this is information you’ll want to know. What is LEOSA? LEOSA stands for the Law Enforcement Officer Safety Act, also known as HR 218. It was signed […]
If the Driver Refuses to Roll Down Window, Can Cops Break It?
All right, can an officer break a window to remove a non-compliant driver? This question comes from an officer in Indiana. First, I want to apologize to this officer. This question was submitted a while ago, and unfortunately, it slipped through the cracks. That’s on me, and I appreciate your patience. I always strive to […]
Can You Order Someone to Roll-Down Their Window During a Traffic Stop?
Can an officer order a driver to roll down their windows during a traffic stop? This comes from an officer in Arizona, where it’s common for vehicles to have dark tinted windows, making it difficult to see inside. As the cover officer, are drivers required to roll down their windows? Since not being able to […]
Can Officer Compel Rolling Up Windows for Window Tint Inspection?
This question comes from someone in Texas. To be honest, I’m not sure whether it’s from an officer or a citizen, but that’s okay. Here’s the scenario: An officer pulls over a car for suspected illegal window tint. The driver rolls down all the windows before the officer even reaches the vehicle. Can the officer […]
Is Chocking Open the Door During Knock and Talk a Search or Seizure?
I wanted to share a question that a student asked in class. I think this is an important topic, so I hope you find it valuable. The question was whether officers conducting a knock-and-talk may place their foot in the front door to prevent it from closing while talking to the occupant, without implicating the […]