Can You Search a Driver or Passenger Based on a K9 Alert on a Vehicle?
Today, we have another question about search and seizure, this time from an officer in the state of Virginia. The officer asks: If a positive canine alert for drugs occurs on a vehicle, does that give you the right to search the driver and passengers for drugs? The short answer is: Generally, it gives you […]
Advice for New Officers, When Can I Search a Car?
Understanding Probable Cause in Law Enforcement: Insights for New Officers As a new officer in law enforcement, one of the questions that can often arise during traffic stops is how to determine when you have enough probable cause to search a vehicle. It’s not always immediately clear, and the decision-making process can seem ambiguous at […]
Does an Open Container Allow Further Search of a Motor Vehicle?
Today’s question comes from an officer in Texas. Here’s the scenario: A Texas officer conducts a traffic stop for speeding. While interacting with the driver, the officer observes a can of beer in the center console. The driver confirms that it’s an open beer. In Texas, an open container violation is not an arrestable offense, […]
The Three Golden Rules of Search & Seizure
Today, I’m going to share with you the three golden rules of search and seizure. These rules come from reviewing thousands of court cases over the past 20 years, and over time, a pattern emerges of what the courts are looking for. The first golden rule—and the most important—is this: The more you can articulate […]
Can Officer Seek Consent During a Traffic Stop Without Extending Stop Under Rodriguez?
I’ve got another great question from an officer in Surprise, Arizona, and I want to share it with you and provide my feedback. The question is: “Can officers still ask for consent to search a vehicle during a traffic stop without it being considered an extension of the stop for an unrelated reason, which would […]
Can You Run a Gun’s Serial Number During a Traffic Stop?
Today’s question is: Can you run the serial number of a firearm during a traffic stop? The answer is most likely yes, but there are some important caveats to consider. Lawful Seizure of a Firearm First, we know that if you lawfully seize a firearm—such as during a pat-down or a traffic stop—it is generally […]
US v. Rodriguez Traffic Stops and K9s
As I travel around the country teaching, I still find that many people either misinterpret or are confused about the Rodriguez case. So, let’s go back in time and clarify. Understanding Rodriguez v. United States Rodriguez is a Supreme Court case that held that officers cannot extend a traffic stop beyond its original mission to […]
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 Officers Go Check the VIN of a Potentially Stolen Vehicle?
Today’s question comes from an officer in Missouri: “Can officers go onto curtilage to check the VIN of a potentially stolen vehicle?” That’s the general question, but let me give you a bit more context. When I teach curtilage, I use something called the Curtilage Color Codes. I won’t go into full detail here—it’s a […]
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 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 […]