Category: 4th Amendment

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 […]

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 […]

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 […]

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 […]

Can you ping someone’s phone?

This question comes from an officer in Utah. The officer is basically saying, What are the requirements to ping a cell phone for a suicidal subject?” Here is some context. Can officers request a cell phone ping based off of a third party’s suicidal report? Sometimes these reports are hours, if not days old. Is […]