Can a Recreational Vehicle (RV) Have Curtilage?
An officer encounters a camper located on private residential property and is preparing to apply for a search warrant. The camper is parked on the same property as a residence, and officers are discussing whether it falls within the home’s curtilage. The officer wants to know whether a camper can legally be treated as curtilage […]
Drones on Property Rights and Privacy
Drones are now part of the Fourth Amendment analysis, whether we like it or not. In training, this often comes up as a thought exercise: imagine being in an urban environment, looking out your window, and seeing a government drone hovering nearby. If that drone can see into a backyard and potentially observe evidence of […]
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 […]
Towing a Fleeing Suspect’s Car From a Driveway
An officer from Illinois describes a situation involving aggravated fleeing or attempting to elude a peace officer, which is classified as a felony under state law. The statute provides that the motor vehicle used in the violation is subject to seizure and forfeiture. In some cases, officers later locate the suspect’s vehicle parked and unattended. […]
Searching Vehicles on Curtilage
Officers attempt to stop a vehicle, and the stop is initiated before the vehicle reaches a residence. The driver continues and pulls into a driveway. Officers make contact in the driveway and develop probable cause to believe there is evidence of a crime inside the vehicle. The vehicle is now parked adjacent to the home, […]
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 […]
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 […]