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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 […]
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. […]
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 […]
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 […]
Here is a question that we frequently encounter: Will a “No Trespassing” sign and a closed gate prohibit you from doing a knock and talk? Let me give you some context here. Some deputies in a rural setting want to do a knock and talk on a burglary suspect. They don’t have probable cause to […]
This is a question that comes up a lot. I’m being very proactive about this particular issue, which is; Can police tag an abandoned or junk vehicle when it’s on curtilage? Okay, here is the scenario. There’s a new ordinance. This is comes out of the great state of Louisiana. There’s an ordinance that directs […]
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. […]
The question of the day is: Can officers lie during a knock and talk? The answer is, “Yes.” Certainly officers are not required to share all their inner secrets about an investigation with an occupant. So that’s not a problem. Courts have upheld deception during investigations for centuries. But I want to transition to another […]
LONG TERM STAY EVICTION Hello again. This is Anthony Bandiero, attorney and senior legal instructor for Blue to Gold Law Enforcement Training, bringing a question from the great state of Idaho, which is going to be my future residence one day. This question is, “Can police evict tenants or occupants from a long term stay […]
This question comes from an officer in Florida. And he asks, “Have courts relaxed the manipulation rule under Terry patdowns?” What the officer’s talking about here is a case that’s called Minnesota versus Dickerson, US Supreme Court. Basically what happened there was that officers patted down Dickerson and they felt an item in his pocket […]
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 […]
We have a great question here today from an officer in the great state of Texas. Alright, so the question is, “Can you search a vehicle on curtilage with exigency?” And let’s go to the scenario. The officer is called to a noise complaint. Upon arrival at a house, he sees a car in the […]
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