Back Yard Arrests
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. […]
Can Officers Lie During Knock and Talks?
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
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 […]
Manipulation Rule Relaxed?
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 […]
S.W.A.T. In a Neighbor’s Backyard
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 […]
Vehicle Search on Curtilage
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 […]
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 […]