Can Investigators Share Bank Records Between Cases Without a New Search Warrant?
An officer in South Dakota asks whether bank records another agency obtained by search warrant can be used on his own case, or whether he needs a new warrant. Anthony walks through the first look and second look distinction.
Can You Tow a Suspect’s Vehicle From Inside the Garage?
Plain view seizure is an argument if the entry was lawful. But Collins v. Virginia is the pushback, and the harder questions are why there was a call-out and a protective sweep on a reckless driver at all.
Can Police Pull People Out of a Motel Room While Getting a Search Warrant?
An officer in Kansas pushed back on detectives who wanted to freeze a motel room and pull the occupants out. Anthony Bandiero on when a premises freeze is lawful.
Towing a Fleeing Suspect’s Car From a Driveway
The statute lets you seize the car, but the driveway is the problem. The officer leaves, then a tow driver re-enters the curtilage thirty minutes later. On the street the answer flips.
Searching Vehicles on Curtilage
Collins v. Virginia is the answer: the motor vehicle exception has no exigency built into it, and a car on curtilage regains its expectation of privacy. Run the curtilage factors, then get a warrant.
Do We Need a Warrant to Use Grabify?
Generally, ruses do not require warrants. Clicking is voluntary, and most courts treat IP addresses the way the Supreme Court treated dialed numbers under the pen register cases.
Case Law on Standing
Abandoned property gets no Fourth Amendment protection, so there is no standing to contest the search. But asking only “is it yours” leaves the door open. Ask the second question.
Major Case!!! Caniglia v. Strom – Community Caretaking and Red Flag Laws
Recorded from the great state of Tennessee, just outside of Nashville, the day after the decision came down. Caniglia v. Strom was decided by the U.S. Supreme Court on May 17, 2021. Anthony had been talking about the case for months and his students kept asking him for his opinion on it. What is Caniglia […]
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 […]
Is a Cell Phone Ping Enough PC for a Warrant?
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 […]
Do you need a warrant for Death Investigations?
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 […]