Lawful Police Conduct During a Drug Investigation
Our question is: Were the police lawful during this drug investigation? This is a bit of a long fact pattern. There’s a lot to it so this is going to take a little longer than usual. But isn’t that why we’re here, so I can dissect the legal issues that you are facing out there […]
Are Passengers Allowed to Leave The Traffic Stop?
The question that we have this time is: Are passengers free to leave a traffic stop? The short answer is “NO.” Here’s why. The US Supreme Court has stated in a few decisions that passengers are seized under the Fourth Amendment when they are in a vehicle during a traffic stop. So they are seized. […]
Entering a Home to Seize a Person For a Mental Evaluation
May police enter a home to take somebody into custody for a mental evaluation? This question comes from an officer in Texas. He says, “As we all know, police have been increasingly contacting people with mental illness. Most of these subjects are encountered in public places where officers are able to make a face to […]
Searching a Parked and Unoccupied Car in New Jersey with PC
Can New Jersey police officers search a parked and unoccupied car with probably cause? Great question. My name is Anthony Bandiero. I’m an attorney and senior legal instructor for Blue to Gold Law Enforcement Training. I do teach in New Jersey, and I’m a licensed New Jersey attorney. This answer is obviously going to be […]
Privacy Interest Around a Homeless Tent
“Does a homeless person have a reasonable expectation of privacy in areas around an illegal encampment?” This comes from an officer in Las Vegas Metro PD. An arrest was made on a homeless lady who had more than 150 grams of meth. She was trespassing by a wash, and setting up a tent and so […]
Unconscious Person ID
Can you search an unconscious person’s property for their ID? Generally, we cannot search people for identification if they’re only being detained. They do have to identify themselves. They don’t have to physically provide an ID, but if they fail to identify, then that has legal consequences. Searching them for their ID is a different […]
Acknowledgement of Understanding Miranda
“If after reading a suspect his Miranda rights, he does not acknowledge that he understands them, but begins talking, can the officer continue with the interrogation? This is John Wiehn, attorney and legal instructor for Blue to Gold Law Enforcement Training, with another question on a new topic. In effect, basically, what we’re asking is, […]
Proper Use of Handcuffing
Let’s start with some case law. The Ninth Circuit has held that you are allowed to use handcuffs during an investigative detention or traffic stop, if you can articulate it. A good case on this is United States versus Taylor, Ninth Circuit 1983. They basically held that the use of handcuffs, if reasonably necessary, has […]
Security Door Knock and Talk
Can you open up a security door during a knock and talk? The officer is asking this question regarding a knock and talk. They don’t have a warrant, they don’t have exigency, they just want to do a knock and talk. Well, they approach the home, and the home has one of those security doors. […]
Pat-down on An Overdose Suspect
Can you patdown an overdose suspect? This question comes from an officer in Wisconsin. The officer says, “You respond and revive a suspected overdose patient. Can you conduct a patdown prior to them being transported by EMS? This is for the safety of the staff, due to drug abusers commonly carrying tools related to their […]
Seizing Evidence Obtained by Another Person
How can police seize evidence that was obtained unlawfully by another person? Hello. My name is Anthony Bandiero, attorney and senior legal instructor for Blue to Gold Law Enforcement Training. This question comes from an officer in Miami. He says, ‘We went to a number one call for a domestic disturbance. We’re inside the residence […]
Abandoned or Junked Vehicle
This is a question that comes up a lot. I’m being very proactive about this issue, which is: Can police tag an abandoned or junked vehicle when it’s on curtilage? Okay, here is the scenario. There’s a new ordinance. This comes out of the great state of Louisiana. There’s an ordinance that directs police officers […]