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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 […]
All right, everyone, let’s talk about Caniglia v. Strom, decided by the U.S. Supreme Court on May 17, 2021. I’ve been discussing this case for months now, and my students frequently ask for my opinion on it. Let me share some background and explain why this is such an important case on two major fronts: […]
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 […]
Can a Find My iPhone ping provide probable cause for a search warrant? The officer asks: “We’ve had an influx of stolen or lost phones, and the owners are asking for our help in retrieving them. It’s been our practice to go to the residence where the phone is pinging, do a knock-and-talk, and if […]
Today’s question comes from an officer in Utah, and the officer basically asked, “Do we need a warrant for a death investigation?” Let’s go through this. The officer says, “Look, we we get into the house because we have exigency. You know that there’s somebody deceased in the home.” Let’s say that the cleaning person […]
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