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 […]
Can You Detain Someone Based on Call They Have a Gun?
Today’s question comes from an officer in California: Can you search a person based on a report that they have a firearm? Scenario A police officer receives a call about a man with a gun. For example, a witness reports seeing someone standing on a street corner holding a firearm. Upon arrival, the officer sees […]
Can Police Search a Shoplifters Purse for Evidence Without a Formal Arrest?
This question comes from an officer in Colorado: “Can police search a shoplifting suspect’s purse for evidence without making an arrest?” The answer is yes—not just in Colorado, but likely in most jurisdictions. Let’s break it down. General Rule: If you have probable cause that someone has committed a crime, you can search them for […]
Can Police Demand ID During Consensual Encounter?
Can You Demand ID During a Consensual Encounter? This question comes from Trevor, who’s from Canada. Trevor says, “I’m not a law enforcement officer, but I’ve fallen down a rabbit hole and have been binge-watching your videos all week.” That’s awesome, Trevor—sounds like there’s not much going on in Canada, huh? Trevor continues: “I’ve seen […]
Can You Detain for a Fake ID?
CAN YOU DETAIN A PERSON FOR FALSE ID? This question comes from an officer in Iowa. Can a person be detained if they give you a false name during a consensual encounter? You’re having a consensual contact and you ask the person to provide their name and date of birth. They give you a name […]
Detention for Criminal Trespass
Here is our next question: Can police detain someone to issue a criminal trespass warning if they leave the location after being warned? I’ll explain what’s kind of going on here. This officer is in Texas. He asks: If a business owner or homeowner has told a subject to leave their property, and that subject […]
Asking Suspect in Custody for Consent to Search
“My question is, if you place a person under arrest, let’s say for driving while suspended, can you ask them while they are in custody for consent to search the vehicle?” My name is Anthony Bandiero, attorney and senior legal instructor for Blue to Gold Law Enforcement Training. This question comes from officer in Kansas. […]
Searching a Person Without an Arrest
“Can you search a person for evidence if you have probable cause?” In other words, do you have to make the arrest? Let’s go through a couple scenarios with the officer. One is basically that the officer had a consensual encounter with a suspect that he knows from prior arrests. He’s your neighborhood felon, that […]
Asking Suspect in Custody for Consent to Search
My name is Anthony Bandiero, attorney and senior legal instructor for Blue to Gold Law Enforcement Training. This question comes from officer in Kansas. “My question is, if you place a person under arrest, let’s say for driving while suspended, can you ask them while they are in custody for consent to search the vehicle?” […]