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 […]
Can You Ignore Your Circuit Court Rulings?
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 […]
Making an Arrest on Curtilage
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 […]
Can Police Help EMS Force an Overly Intoxicated Person to the ER?
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 […]
Must You Bring Your Supervisor on Scene if Requested?
Here is the question. If someone on a traffic stop says, “I want to see your supervisor, bring them to the scene. I’m not going anywhere until I talk to your supervisor,” do you have to call your supervisor, or can you just handle the situation and tell them to go down to the police […]
Entering Curtilage With the Intention to Arrest
If a suspect tells you to leave while you’re in their house and you’re in the process of arresting them, do you have to leave? So, here’s the scenario: You perform a knock and talk with the intention of making an arrest, right? You don’t have a warrant; you just have probable cause (PC) charges. […]
Being Told to Leave During a Knock and Talk
If a citizen tells a cop to leave during a knock and talk, does the cop have to leave? This question actually comes from a citizen, a non-police officer. I think it’s great that non-police officers are also reaching out to see if I can help them with their constitutional questions. I want to help […]
Chinaryan versus the LAPD
Can police use highly intrusive tactics like pointing guns and proning out people during a routine high risk traffic stop for a stolen vehicle? We have to talk about Chinaryan versus the LAPD. It all begins on June 14, 2019 when the LAPD conducted a high risk traffic stop on a black Chevy Suburban with […]
What is the Motor Vehicle Exception?
The automobile, or motor vehicle exception allows officers to search cars for evidence, contraband, and fruits or instrumentalities of crimes without a search warrant. When you ask cops, “What does it take to search these cars?” Many of them will just say, “Probable cause.” Well, let’s be technical, Technically, legally, there are four factors to […]
Three Golden Rules of Search and Seizure
These three golden rules come from reading thousands of court cases over the last 20 years and seeing a theme regarding what the courts are looking for. The First Golden Rule, and the most important one, is: The more you articulate why you did something, the more likely it will be upheld in court. The […]