Binoculars in Public Areas
This question comes from an officer in Alabama. And basically, the question is: Can cops use binoculars to view suspects in a public area? They want to see, for example, sales of narcotics, and so forth. Now, does the officer need probable cause to do that? Does the cop need probable cause to make contact […]
Do you need a warrant for Death Investigations?
Today’s question comes from an officer in Utah, and the officer basically asked, “Do we need a warrant for a death investigation?” Let’s go through this. The officer says, “Look, we we get into the house because we have exigency. You know that there’s somebody deceased in the home.” Let’s say that the cleaning person […]
Towing a Rental Car
Hello everyone. It’s Anthony Bandiero, attorney and legal instructor for Blue to Gold Law Enforcement Training. Here is today’s question. Can cops automatically tow a rental car if the driver is not on the rental agreement? Well, the answer is that we don’t really have a lot of case on this very issue. Because really, […]
S.W.A.T. In a Neighbor’s Backyard
Anthony Bandiero here to bring you another chat. We’ve got an excellent question here from an officer in California. The officer is basically asking, “Can police go into a neighbor’s backyard during a SWAT operation?” Excellent question. So let me give you a little feedback about the scenario here. During a SWAT operation, let’s say […]
Unlocking Cellphone with Fingerprint
The answer is, “Yes.” Because fingerprints and facial ID are not testimonial, there is no recognized privacy interest in your fingerprints or in your face. So that’s generally the case. I’m also thinking of mass facial recognition software that you’re putting downtown, and you’re identifying everybody who is downtown. That implicates a different constitutional principle, […]
Vehicle Search on Curtilage
We have a great question here today from an officer in the great state of Texas. Alright, so the question is, “Can you search a vehicle on curtilage with exigency?” And let’s go to the scenario. The officer is called to a noise complaint. Upon arrival at a house, he sees a car in the […]
Can You Detain for a Fake ID?
CAN YOU DETAIN A PERSON FOR FALSE ID? This question comes from an officer in Iowa. Can a person be detained if they give you a false name during a consensual encounter? You’re having a consensual contact and you ask the person to provide their name and date of birth. They give you a name […]
Detention for Criminal Trespass
Here is our next question: Can police detain someone to issue a criminal trespass warning if they leave the location after being warned? I’ll explain what’s kind of going on here. This officer is in Texas. He asks: If a business owner or homeowner has told a subject to leave their property, and that subject […]
Drug K9 After State Legalizes Weed
Here is our next question: Can you use a marijuana trained dog after your state legalizes marijuana? This question came from an officer in Kansas. The officer said, “Hey, I got a question here. You know, our department is implementing a brand new canine program. And apparently the dog is going to be proofed on […]
Police Duty to Protect
Do police have a duty to protect others from harm? This question comes from an officer who says, “Hey, I took some training a while ago, and the presenters talked about how police do not have a duty to protect others, right? They have discretion. I’m trying to figure out where that case is.” Let’s […]
Processing Hotel Room Murder Scene
This question came from an officer yesterday in Jefferson County. It was actually kind of interesting, because what she said was, they had a call for service at a hotel, and this guy died, or let’s just say this guy was killed in a hotel room. Can we process that scene without a warrant? I […]
When Does a Hotel Room Become a Home?
Here is our next question: When does a hotel room become a home or an apartment? If a hotel room is actually constitutionally considered a true home, then you may not be able to evict the occupants without a traditional pre-approval. So let’s walk through this doctrine. Number one, hotel rooms are quasi homes, right? […]