Consent from Non-Owner to Search Vehicle
Let’s talk about non-owners of vehicles and getting their consent to search, and a few twists on that as well. My name is Anthony Bandiero, answering another roadside chat question. Alright, this question comes from an officer in Minnesota. He says, “Could a driver of a motor vehicle who is not the owner, consent to […]
Denying Consent to Search
Here’s our question from an officer in Minnesota. Does denying consent to search also end the consensual encounter? All right, good question. If, during a consensual encounter, I asked for consent to search their bag, their person, their vehicle, and they deny consent, can I continue the consensual encounter to try to build reasonable suspicion, […]
Exigency to Remove Stolen Car from Driveway
This question comes from an officer in Missouri. Basically, the question is, “What qualifies as exigency when seizing a vehicle from curtilage?” The officer goes into, some of the videos I’ve done on this issue; Episode 60, 94, 106, 282 and 324. That indicates to me that this officer is a follower of the channel, […]
Suicidal Suspects and Special Relationships
Let’s talk about suicidal suspects or subjects and the special relationship doctrines. I know every situation is different and I appreciate that definitely facts change the answer. It seems like nationally, actual best practice indicates that if you have a suicidal person that is not a danger to other people, they only present a danger […]
Frisking a Student Based on an Anonymous Tip
The question is: “Which Fourth Amendment exception allows a school police officer to search a juvenile on campus based on an anonymous tip that the juvenile has a gun?” Alright, so we’re dealing with a lot of different things here. Let’s walk through it. First off, is the tip truly anonymous? In this day and […]
Intertwining Miranda with Small Talk
Here is a new question: Can you intersperse Miranda warnings? Hello. My name is Anthony Bandiero, attorney and senior legal instructor for Blue to Gold Law Enforcement Training. This question comes from one of my officers in Southern California. He says, “Anthony, let’s talk about substantial compliance with Miranda, because in order to have a […]
Extending Traffic Stop to Get Consent
Can police continue to ask for consent if the person is not giving an answer? This question is from an officer in Minnesota. Basically he asks this; “Say I’m looking for consent to search a motor vehicle. I asked the person if they would allow me to search their car, they beat around the bush […]
Reasonable Suspicion Stop for a Texas Buyer Tag
Did the Texas buyer plate give the officer proper reasonable suspicion to make the traffic stop? So this officer sees a vehicle at almost midnight in an area that’s kind of known for high crime and so forth, and sees a vehicle bearing a Texas buyer’s plate. Okay, so here is the reason why the […]
Losing Qualified Immunity
Today’s question is so important. It’s important to every single officer watching my videos and reading my blog. The question is, What happens if we lose qualified immunity? It’s on your mind, I know it is. And if you’ve already lost qualified immunity in some of the states like Colorado, New York and New Mexico, […]
Evacuation Centers and The Fourth Amendment
How does the Fourth Amendment apply to evacuation shelters? My name is Anthony Bandiero. I’m an attorney and senior legal instructor for Blue to Gold Law Enforcement Training. So let’s go through this. The question comes from an officer in Florida. After a hurricane or other natural disaster, hundreds of people are displaced temporarily, to […]
Seizing a Victim’s Cellphone
The question: Can officers routinely seize a victim’s cell phone if they’re the victim of a drive by shooting? He goes on to say, “Look, I’m an officer here, working at CHP. And we’ve had a lot of shootings that occur in my area, right? So we get out there, and we have some victims […]
Covering Cameras During Knock and Talk
Can police cover up cameras during a knock and talk? That’s a good question. This question comes from a civilian in New Jersey. You know that I enjoy answering questions from civilians as much as I do from cops, because I think it’s important for all of us to know the law. This person says, […]