Can Police Search a Shoplifters Purse for Evidence Without a Formal Arrest?
This question comes from an officer in Colorado: “Can police search a shoplifting suspect’s purse for evidence without making an arrest?” The answer is yes—not just in Colorado, but likely in most jurisdictions. Let’s break it down. General Rule: If you have probable cause that someone has committed a crime, you can search them for […]
Major Case!!! Caniglia v. Strom – Community Caretaking and Red Flag Laws
All right, everyone, let’s talk about Caniglia v. Strom, decided by the U.S. Supreme Court on May 17, 2021. I’ve been discussing this case for months now, and my students frequently ask for my opinion on it. Let me share some background and explain why this is such an important case on two major fronts: […]
Conducting Warrantless Vehicle Searches
Today, I’m going to teach you the four essential elements you need before conducting a warrantless vehicle search. Element 1: Probable Cause This might seem obvious, but you must have probable cause to believe the vehicle contains contraband or evidence of a crime. Without this foundation, you cannot proceed with the search. Element 2: Lawful […]
Can Police Demand ID During Consensual Encounter?
Can You Demand ID During a Consensual Encounter? This question comes from Trevor, who’s from Canada. Trevor says, “I’m not a law enforcement officer, but I’ve fallen down a rabbit hole and have been binge-watching your videos all week.” That’s awesome, Trevor—sounds like there’s not much going on in Canada, huh? Trevor continues: “I’ve seen […]
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 […]
Searching Bags Outside the Vehicle Under Carroll
So, I received a question from a cop in Texas. He says, “The discussion came up during our K9 training group about being able to search a person’s personal property—backpack, purse, etc.—if it was removed from the vehicle prior to the free-air sniff and alert by the canine. My understanding is that if the property […]
People v Bland and Search Incident to Citation
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 […]
Is Drinking From What Looks Like a Beer Bottle RS for a Stop?
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 […]
1A Activities Inside the Courthouse
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 […]