Category: Homes and Curtilage

Processing Hotel Room Murder Scene

This question came from an officer yesterday in Jefferson County.  It was actually kind of interesting, because what she said was, they had a call for service at a hotel, and this guy died, or let’s just say this guy was killed in a hotel room.  Can we process that scene without a warrant? I […]

When Does a Hotel Room Become a Home?

Here is our next question: When does a hotel room become a home or an apartment? If a hotel room is actually constitutionally considered a true home, then you may not be able to evict the occupants without a traditional pre-approval. So let’s walk through this doctrine. Number one, hotel rooms are quasi homes, right? […]

Exigency to Remove Stolen Car from Driveway

This question comes from an officer in Missouri. Basically, the question is, “What qualifies as exigency when seizing a vehicle from curtilage?” The officer goes into, some of the videos I’ve done on this issue; Episode 60, 94, 106, 282 and 324. That indicates to me that this officer is a follower of the channel, […]

Covering Cameras During Knock and Talk

Can police cover up cameras during a knock and talk?  That’s a good question. This question comes from a civilian in New Jersey.  You know that I enjoy answering questions from civilians as much as I do from cops, because I think it’s important for all of us to know the law. This person says, […]

Entering a Home to Seize a Person For a Mental Evaluation

May police enter a home to take somebody into custody for a mental evaluation? This question comes from an officer in Texas. He says, “As we all know, police have been increasingly contacting people with mental illness.  Most of these subjects are encountered in public places where officers are able to make a face to […]

Privacy Interest Around a Homeless Tent

“Does a homeless person have a reasonable expectation of privacy in areas around  an illegal encampment?” This comes from an officer in Las Vegas Metro PD. An arrest was made on a homeless lady who had more than 150 grams of meth.  She was trespassing by a wash, and setting up a tent and so […]

Security Door Knock and Talk

Can you open up a security door during a knock and talk? The officer is asking this question regarding a knock and talk.  They don’t have a warrant, they don’t have exigency, they just want to do a knock and talk.  Well, they approach the home, and the home has one of those security doors.  […]

HOT PURSUIT: What are the rules?

“What are the Hot Pursuit requirements?” Let me fill you in on what’s going on with this case so that you have some context. An officer observes a male about to exit a house, but upon seeing the officer, he steps back in. This is pretty common suspicious behavior, not necessarily reasonable suspicion, but suspicious. […]