Can You Order Someone to Show Their Hands During a Consensual Encounter?
This issue arises frequently during consensual encounters, where officer safety concerns intersect with Fourth Amendment limitations. The scenario is familiar. An officer initiates contact based on a hunch that criminal activity may be occurring, but without reasonable suspicion. The person is not told they are detained and has not been restrained. During the encounter, the […]
Does Payton v. New York Apply to Porch Arrests? Explained for Officers
Officers go to a person’s residence during an investigation. They do not have an arrest warrant. The concern raised is officers going to someone’s home or porch with the intent to arrest them and using a knock on the door as a way to accomplish that arrest. There is no suggestion that the occupant has […]
Can a Person Who Has Access Code Give You Permission to Enter a Home?
Officers in Ohio are attempting to serve an arrest warrant at a suspect’s residence. They have been to the location multiple times, but the suspect has not answered the door and does not appear to be home. While monitoring the residence, officers observe people coming and going. These individuals state they are friends of the […]
Patdowns During a Civil Standby
Officers in Nevada respond to a civil standby involving a property dispute. A person was allowed to park and stay in an RV on a friend’s property. The arrangement has broken down, and the property owner now wants the person removed. Officers are lawfully present to keep the peace and address a potential trespass situation. […]
Can Officer Seek Consent During a Traffic Stop Without Extending Stop Under Rodriguez?
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 […]
Can Police Demand ID During Consensual Encounter?
Can You Demand ID During a Consensual Encounter? This question comes from Trevor, who’s from Canada. Trevor says, “I’m not a law enforcement officer, but I’ve fallen down a rabbit hole and have been binge-watching your videos all week.” That’s awesome, Trevor—sounds like there’s not much going on in Canada, huh? Trevor continues: “I’ve seen […]
Being Told to Leave During a Knock and Talk
If a citizen tells a cop to leave during a knock and talk, does the cop have to leave? This question actually comes from a citizen, a non-police officer. I think it’s great that non-police officers are also reaching out to see if I can help them with their constitutional questions. I want to help […]
Juvenile Consent to Search a Cellphone
This question comes from an officer in Kansas. What are the requirements for consent to search a cellphone? The situation was; several officers stopped some young kids that were suspected of throwing rocks from an overpass onto a car. The officers noticed that they had cell phones, and they asked for consent to search the […]
Consent to Search by Co-Occupants
Today’s question is one that I get all the time around the country and it’s important. So let’s go through it. Can you get consent to search a home from a spouse, even if the non- consenting spouse has left? The answer is, “Yes you can.” You can use that consent even if there is […]
Traffic Stop Searches with Consent
Here’s a question from Texas. The officer says, If I get consent to search a vehicle, does the traffic stop have to end before I can search? And the answer is”No.” Consent includes with it the agreement to extend the traffic stop. Does that make sense? We know that when it comes to traffic stops, […]
Denying Consent to Search
Here’s our question from an officer in Minnesota. Does denying consent to search also end the consensual encounter? All right, good question. If, during a consensual encounter, I asked for consent to search their bag, their person, their vehicle, and they deny consent, can I continue the consensual encounter to try to build reasonable suspicion, […]
Asking Suspect in Custody for Consent to Search
“My question is, if you place a person under arrest, let’s say for driving while suspended, can you ask them while they are in custody for consent to search the vehicle?” My name is Anthony Bandiero, attorney and senior legal instructor for Blue to Gold Law Enforcement Training. This question comes from officer in Kansas. […]
Asking Suspect in Custody for Consent to Search
My name is Anthony Bandiero, attorney and senior legal instructor for Blue to Gold Law Enforcement Training. This question comes from officer in Kansas. “My question is, if you place a person under arrest, let’s say for driving while suspended, can you ask them while they are in custody for consent to search the vehicle?” […]