Running Firearm Serial Number During Traffic Stop
Our next question is: Can you run the serial number of a firearm that you are holding during a traffic stop? The answer is; most likely, but there are some caveats I want to go over. First of all, we do know that if you are lawfully seizing a gun, for example, during a pat […]
Searching Passengers for Marijuana
Today we are going to answer a question that a lot of you have on your mind. Can you search a vehicle’s passenger for marijuana? And the answer is: probably. However, I have to go into some legal reasoning here because the answer is really not that clear. There are two key cases I want […]
Can Officers Lie During Knock and Talks?
The question of the day is: Can officers lie during a knock and talk? The answer is, “Yes.” Certainly officers are not required to share all their inner secrets about an investigation with an occupant. So that’s not a problem. Courts have upheld deception during investigations for centuries. But I want to transition to another […]
K9 Sniffs in Parking Lots
Today’s question is: Can you run a canine in a motel parking lot? The short answer is yes, you can, and here’s why. A person that is staying at a hotel does not usually have any reasonable expectation of privacy in the parking lot. Think about it. When you go to stay at a Hilton […]
What is Plain View?
What is plain view? Plain view is nothing more than right to be, right to see. That’s the simplicity of it: right to be, right to see, hear and smell. So basically, the idea here is that if you are lawfully present, there is no search under the Fourth Amendment if you are simply using […]
What is a Private Search?
What evidence can I use from a private search? Well, the short answer is: all of it. Here is why: a private search is when a person searches or seizes something and there’s no government involvement. Now, the general rule is that if there is no government involvement, you can use any evidence that they […]
The Stale Misdemeanor Rule
What is the stale misdemeanor rule? The stale misdemeanor rule is a common law doctrine. It essentially means that a crime was committed within the officer’s presence, and he or she could arrest that person right then and there, but waits, and doesn’t arrest yet. If he then arrests sometime down the road, let’s say […]
Traffic Stop Searches with Consent
Here’s a question from Texas. The officer says, If I get consent to search a vehicle, does the traffic stop have to end before I can search? And the answer is”No.” Consent includes with it the agreement to extend the traffic stop. Does that make sense? We know that when it comes to traffic stops, […]
Consent from Intoxicated Vehicle Owner
This question comes from an officer in the great state of Texas. Maybe it’s the Great Republic of Texas. (I don’t know, technically, if that’s what they call it down there.) This officer has a great scenario. Basically the question is: Can an intoxicated owner of a vehicle give consent to search? (Right, despite being […]
Seizing Cellphone of O.D. Victim
Anthony Bandiero here, bringing you another question and answer. This one is from an officer in New York. The question is, when officers respond to an OD, and the person is revived, can you take their cell phone as evidence? You want to see who the dealer is, because that’s the person who could potentially […]
Long Term Stay Eviction
LONG TERM STAY EVICTION Hello again. This is Anthony Bandiero, attorney and senior legal instructor for Blue to Gold Law Enforcement Training, bringing a question from the great state of Idaho, which is going to be my future residence one day. This question is, “Can police evict tenants or occupants from a long term stay […]
Manipulation Rule Relaxed?
This question comes from an officer in Florida. And he asks, “Have courts relaxed the manipulation rule under Terry patdowns?” What the officer’s talking about here is a case that’s called Minnesota versus Dickerson, US Supreme Court. Basically what happened there was that officers patted down Dickerson and they felt an item in his pocket […]