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In a recent discussion about law enforcement and constitutional rights, a fascinating case from Montana brought up some thought-provoking questions about the extent of a police officer’s authority during traffic stops, particularly when a suspect enters their driveway or private property. The key issue revolves around the concept of “curtilage,” or the area immediately surrounding […]
I’ve got another great question from an officer in Surprise, Arizona, and I want to share it with you and provide my feedback. The question is: “Can officers still ask for consent to search a vehicle during a traffic stop without it being considered an extension of the stop for an unrelated reason, which would […]
Today’s question comes from an officer in California: Can you search a person based on a report that they have a firearm? Scenario A police officer receives a call about a man with a gun. For example, a witness reports seeing someone standing on a street corner holding a firearm. Upon arrival, the officer sees […]
Dear Blue to Gold Followers: I wanted to provide an update and analysis on the oral argument in Barnes v. Felix, a case raising an important question under the Fourth Amendment. To provide context, the case examines whether courts should apply the “moment of the threat” doctrine when evaluating excessive force claims. Specifically, the question […]
Today’s question comes from an officer in Missouri: “Can officers go onto curtilage to check the VIN of a potentially stolen vehicle?” That’s the general question, but let me give you a bit more context. When I teach curtilage, I use something called the Curtilage Color Codes. I won’t go into full detail here—it’s a […]
Today, I want to share the difference between open view and plain view—two legal concepts that often come up in law enforcement. Open View Open view occurs when you are in a non-protected area and observe incriminating evidence. It’s called “open view” because it typically happens in open fields. Now, what exactly is an open […]
This question comes from an officer in Texas, and it has a few moving parts. For simplicity, I’ll frame it as: Can we order domestic violence suspects out of their home? Now, this situation is more complex than it sounds, but let’s keep that as the central focus. I’ll provide some context to help clarify. […]
Can You Enter a Locked Bedroom to Arrest a DV Suspect? Today’s question comes from an officer in Washington. Here’s the scenario: The domestic violence (DV) victim is outside her home, while the suspect is inside, locked in a bedroom. There is probable cause (PC) to arrest the suspect for DV. The victim indicates that […]
Hi, everyone! Today’s question comes from an officer in Texas who wants clarification on knock and talks. Specifically, the question is: Can you conduct a knock and talk at odd hours, such as late at night? The short answer is yes, but only if you have a reason to believe the occupant would be receptive […]
Hello, everyone! Today’s question comes from an officer in Iowa: Can you enter an apartment to arrest a husband for domestic violence if the wife is outside the apartment and the husband refuses to let you in? The officer mentioned familiarity with two key cases: Georgia v. Randolph – This case involves a situation where […]
Can an officer order a driver to roll down their windows during a traffic stop? This comes from an officer in Arizona, where it’s common for vehicles to have dark tinted windows, making it difficult to see inside. As the cover officer, are drivers required to roll down their windows? Since not being able to […]
This question comes from someone in Texas. To be honest, I’m not sure whether it’s from an officer or a citizen, but that’s okay. Here’s the scenario: An officer pulls over a car for suspected illegal window tint. The driver rolls down all the windows before the officer even reaches the vehicle. Can the officer […]
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