Could Police Detain a Driver Suspected for DUI on Their Property?
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 […]
Open View Versus Plain View
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 […]
Can Cops Order Suspect Out of Home During DV Call?
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 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 […]
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 […]
Can a Driveway Traffic Stop Allow a K9 Sniff?
If a person pulls into their driveway during a traffic stop, would that allow you to conduct a canine sniff? Let’s dive in. Why Is This an Issue? This question is relevant because of Collins v. Virginia. In Collins, the U.S. Supreme Court ruled that the motor vehicle exception does not apply when a vehicle […]
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. […]
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 […]
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 […]