The Three Golden Rules of Search & Seizure
Today, I’m going to share with you the three golden rules of search and seizure. These rules come from reviewing thousands of court cases over the past 20 years, and over time, a pattern emerges of what the courts are looking for. The first golden rule—and the most important—is this: The more you can articulate […]
Can You Detain Someone Based on Call They Have a Gun?
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 […]
Can Police Conduct Knock and Talks at Odd Hours of the Night?
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 […]
Can Cops Enter Home to Arrest Husband for Domestic When He Says You Cant Come In?
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 […]
Is Chocking Open the Door During Knock and Talk a Search or Seizure?
I wanted to share a question that a student asked in class. I think this is an important topic, so I hope you find it valuable. The question was whether officers conducting a knock-and-talk may place their foot in the front door to prevent it from closing while talking to the occupant, without implicating the […]
Search Incident to Arrest
Can you make a search incident to arrest even if you’re not planning to formally arrest the person and just issue a citation? Today’s question comes from an officer in Colorado. He essentially asked, “If I have probable cause to issue a citation for paraphernalia, can I also search their backpack or their person? Can […]
Can You Ignore Your Circuit Court Rulings?
Yes, there is some truth to what the old-timers say, “Yeah, we can just ignore that stuff. That’s federal. We’re in a state; we don’t need to listen.” And, to some extent, that’s true. The reason it’s true is that state courts have their own sovereignty and authority to interpret the Fourth Amendment as they […]
Three Golden Rules of Search and Seizure
These three golden rules come from reading thousands of court cases over the last 20 years and seeing a theme regarding what the courts are looking for. The First Golden Rule, and the most important one, is: The more you articulate why you did something, the more likely it will be upheld in court. The […]
Body Snatching
Here is the question: Can an officer reach slightly into a person’s home to pull them out and arrest them? If an officer has probable cause, but no arrest warrant, and the person opens up the door, they’re talking to the officer, and the suspect is just an inch inside his house, would it be […]
Reasonable Suspicion Vs Probable Cause
What is the difference between reasonable suspicion and probable cause? It’s a great question, because even the courts struggle with defining the difference. There is no one definition that’s in the legal dictionary, so let’s look at them separately. First of all, we have to find a hunch. Every officer can have a hunch. Officers […]
Misdemeanor Crimes not Committed in Your Presence
Our next topic is: How do you handle misdemeanor crimes that are not committed in your presence? Many states have a misdemeanor restriction that you cannot make an arrest for a mis-demeanor that was not committed in your presence. Now, all of those states that have this restriction also have some exceptions. For example: DUI, […]
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 […]