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Community Caretaking and Red Flag Laws

This is a commentary on Corniglia V. Strong, US Supreme Court, May 17, 2021.  This is a massively, important case on two fronts. Number one: firearm confiscation and red flag laws. Number two: a little more guidance on the so called Community Caretaking Doctrine as it applies to homes.  Let me give you some quick […]

Suicidal Suspects and Special Relationships

Let’s talk about suicidal suspects or subjects and the special relationship doctrines. I know every situation is different and I appreciate that definitely facts change the answer. It seems like nationally, actual best practice indicates that if you have a suicidal person that is not a danger to other people, they only present a danger […]

Evacuation Centers and The Fourth Amendment

How does the Fourth Amendment apply to evacuation shelters?  My name is Anthony Bandiero.  I’m an attorney and senior legal instructor for Blue to Gold Law Enforcement Training.  So let’s go through this.  The question comes from an officer in Florida.  After a hurricane or other natural disaster, hundreds of people are displaced temporarily, to […]

Unconscious Person ID

Can you search an unconscious person’s property for their ID? Generally, we cannot search people for identification if they’re only being detained.  They do have to identify themselves. They don’t have to physically provide an ID, but if they fail to identify, then that has legal consequences.  Searching them for their ID is a different […]

Pat-down on An Overdose Suspect

Can you patdown an overdose suspect? This question comes from an officer in Wisconsin. The officer says, “You respond and revive a suspected overdose patient. Can you conduct a patdown prior to them being transported by EMS? This is for the safety of the staff, due to drug abusers commonly carrying tools related to their […]

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