Can Police Enter Locked Room to Arrest DV Suspect?
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 […]
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 […]
People v Bland and Search Incident to Citation
All right, we’ve got another question that comes up a lot: Is a search incident to a non-custodial arrest, such as a summons for a crime where evidence could reasonably be located on a person, legal? I received a question from a cop in Colorado who said, “I watched episode 421, which was about searches […]
Making an Arrest on Curtilage
An officer from South Dakota mentioned a scenario in Episode 713. This episode covers entering curtilage to make a warrantless arrest. In a nutshell, I advised that officers need to be very careful when doing this. For example, if you’re on someone’s porch and you see them standing there, and your intent is to arrest […]
Entering Curtilage With the Intention to Arrest
If a suspect tells you to leave while you’re in their house and you’re in the process of arresting them, do you have to leave? So, here’s the scenario: You perform a knock and talk with the intention of making an arrest, right? You don’t have a warrant; you just have probable cause (PC) charges. […]
Back Yard Arrests
Anthony Bandiero here. The question I have for you is: Can officers go into the backyard when they’re serving an arrest warrant and not violate curtilage? The answer is, “Yes,” officers can do it. And here’s why. First of all, from the Supreme Court’s perspective, the back yard is typically treated like the home itself. […]
Detention for Criminal Trespass
Here is our next question: Can police detain someone to issue a criminal trespass warning if they leave the location after being warned? I’ll explain what’s kind of going on here. This officer is in Texas. He asks: If a business owner or homeowner has told a subject to leave their property, and that subject […]