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 […]
Purses, Bags and Backpacks
This question is: Can you look inside a woman’s purse, or a man’s backpack during a pat down? The answer is, “Maybe.” Here’s how this works. We know that patdowns are an overall minimally intrusive way to protect yourself from weapons and blunt objects during a Terry stop. And, if you have reason to believe […]
Body Snatching
Here is the question: Can an officer reach slightly into a person’s home to pull them out and arrest them? If an officer has probable cause, but no arrest warrant, and the person opens up the door, they’re talking to the officer, and the suspect is just an inch inside his house, would it be […]
When is Miranda Required?
When is Miranda required during a detention? There is some confusion on this subject. Many officers tell me that Miranda is required when the person is not free to leave. They were taught this. But unfortunately, it’s not true. That is not the legal standard. Not being free to leave is a detention. But we […]