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This question comes from someone in Texas. To be honest, I’m not sure whether it’s from an officer or a citizen, but that’s okay. Here’s the scenario: An officer pulls over a car for suspected illegal window tint. The driver rolls down all the windows before the officer even reaches the vehicle. Can the officer […]
Today, I’m going to teach you the four essential elements you need before conducting a warrantless vehicle search. Element 1: Probable Cause This might seem obvious, but you must have probable cause to believe the vehicle contains contraband or evidence of a crime. Without this foundation, you cannot proceed with the search. Element 2: Lawful […]
So, I received a question from a cop in Texas. He says, “The discussion came up during our K9 training group about being able to search a person’s personal property—backpack, purse, etc.—if it was removed from the vehicle prior to the free-air sniff and alert by the canine. My understanding is that if the property […]
Does drinking from a brown glass bottle, similar to what a beer bottle looks like, give an officer reason to suspect a violation and stop someone to investigate a potential open container violation or DUI? So, look, this question comes from a retired officer who wanted to bring something to my attention. He was in […]
The automobile, or motor vehicle exception allows officers to search cars for evidence, contraband, and fruits or instrumentalities of crimes without a search warrant. When you ask cops, “What does it take to search these cars?” Many of them will just say, “Probable cause.” Well, let’s be technical, Technically, legally, there are four factors to […]
Today’s question is from an officer in Indiana; Would the single purpose container doctrine allow cops to search a vehicle’s hidden compartment? The first thing we want to learn is: What is a single purpose container? The single purpose container doctrine basically says that some containers, due to their shape, weight, size, material and the […]
This question came from an officer in New Jersey. Can police search the trunk of a car on the motor vehicle exception? The hypothetical goes something like this: patrol was notified of a suspicious person and vehicle. They found a male under the influence of heroin located right outside the vehicle. A semi-conscious female was […]
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 […]
Let’s talk about non-owners of vehicles and getting their consent to search, and a few twists on that as well. My name is Anthony Bandiero, answering another roadside chat question. Alright, this question comes from an officer in Minnesota. He says, “Could a driver of a motor vehicle who is not the owner, consent to […]
Can New Jersey police officers search a parked and unoccupied car with probably cause? Great question. My name is Anthony Bandiero. I’m an attorney and senior legal instructor for Blue to Gold Law Enforcement Training. I do teach in New Jersey, and I’m a licensed New Jersey attorney. This answer is obviously going to be […]
Can officers open a car door if the driver refuses to identify themselves? I’m Anthony Bandiero, attorney and senior legal instructor for Blue to Gold Law Enforcement Training. This question comes from an Officer in Arizona. Here is the scenario. An officer basically makes a traffic stop, and the driver is refusing to identify themselves, […]
This one is a good one. It comes from an officer from Southern California. The question is, “Can cops break a car window to retrieve a firearm that is evidence?” Let me give you the background here. This was a computer call for service. The victim says that she was assaulted with a gun. The […]
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