If the Driver Refuses to Roll Down Window, Can Cops Break It?
All right, can an officer break a window to remove a non-compliant driver? This question comes from an officer in Indiana. First, I want to apologize to this officer. This question was submitted a while ago, and unfortunately, it slipped through the cracks. That’s on me, and I appreciate your patience. I always strive to […]
Can You Order Someone to Roll-Down Their Window During a Traffic Stop?
Can an officer order a driver to roll down their windows during a traffic stop? This comes from an officer in Arizona, where it’s common for vehicles to have dark tinted windows, making it difficult to see inside. As the cover officer, are drivers required to roll down their windows? Since not being able to […]
Conducting Warrantless Vehicle Searches
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 Driveway Traffic Stop Allow a K9 Sniff?
If a person pulls into their driveway during a traffic stop, would that allow you to conduct a canine sniff? Let’s dive in. Why Is This an Issue? This question is relevant because of Collins v. Virginia. In Collins, the U.S. Supreme Court ruled that the motor vehicle exception does not apply when a vehicle […]
Is Drinking From What Looks Like a Beer Bottle RS for a Stop?
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 […]
Must You Bring Your Supervisor on Scene if Requested?
Here is the question. If someone on a traffic stop says, “I want to see your supervisor, bring them to the scene. I’m not going anywhere until I talk to your supervisor,” do you have to call your supervisor, or can you just handle the situation and tell them to go down to the police […]
Chinaryan versus the LAPD
Can police use highly intrusive tactics like pointing guns and proning out people during a routine high risk traffic stop for a stolen vehicle? We have to talk about Chinaryan versus the LAPD. It all begins on June 14, 2019 when the LAPD conducted a high risk traffic stop on a black Chevy Suburban with […]
What is the Motor Vehicle Exception?
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 […]
Searching Passengers for Marijuana
Today we are going to answer a question that a lot of you have on your mind. Can you search a vehicle’s passenger for marijuana? And the answer is: probably. However, I have to go into some legal reasoning here because the answer is really not that clear. There are two key cases I want […]
Traffic Stop Searches with Consent
Here’s a question from Texas. The officer says, If I get consent to search a vehicle, does the traffic stop have to end before I can search? And the answer is”No.” Consent includes with it the agreement to extend the traffic stop. Does that make sense? We know that when it comes to traffic stops, […]
Consent from Intoxicated Vehicle Owner
This question comes from an officer in the great state of Texas. Maybe it’s the Great Republic of Texas. (I don’t know, technically, if that’s what they call it down there.) This officer has a great scenario. Basically the question is: Can an intoxicated owner of a vehicle give consent to search? (Right, despite being […]
Towing a Rental Car
Hello everyone. It’s Anthony Bandiero, attorney and legal instructor for Blue to Gold Law Enforcement Training. Here is today’s question. Can cops automatically tow a rental car if the driver is not on the rental agreement? Well, the answer is that we don’t really have a lot of case on this very issue. Because really, […]