Can a Hospital Trespass a Patient Who Refuses to Leave?
An officer in California keeps getting called to the same ER lobby for the same discharged patient who will not leave and wants to be seen again. Anthony walks through Penal Code 602, why a hospital is not a public forum, the federal screening law that complicates it, and why this one is above the patrol officer’s pay grade.
What Is Hate Speech, and Can Police Take Enforcement Action on It?
A police chief in Ohio sent Anthony a photo of a van covered in speech that had people calling 911. Anthony explains why there is no law against hate speech, how hate crimes are different, the narrow categories that can be criminalized, and the one thing he does not want you to bring up if you stop that van.
Can You Arrest a Robbery Suspect Who Tells You to Leave His Curtilage?
Officers had probable cause for a strong armed robbery, no arrest warrant, and a suspect on his own front porch telling them at least five times to leave. Anthony walks through the Fourth Amendment rules of engagement for curtilage, why a felony by itself is not exigency, and why the hardest skill in police work is recognizing when you have been legally beat.
Can You Arrest Based Only on a Verbal Allegation?
One person says they were struck, the other says it never happened, and there is nothing else. Generally the rule is no. Here is what turns an accusation into probable cause, and how immunity cuts both ways.
What Happens When Police Get Knock and Talk and Community Caretaking Wrong?
Officers knocked for 30 minutes intending to arrest, then forced entry on a community caretaking theory after a neighbor mentioned a sleeping pill. The case settled for $760,000. Anthony walks the doctrines step by step.
Can Officers Enter a Residence to Serve an Order of Protection?
Matlock gets you in on the protected party’s keys. Randolph and Fernandez govern the objecting co-occupant. And the Ninth Circuit says a separate warrant would be superfluous when you already hold the court order.
Can Police Be Sued for Kicking In a Door During a Civil Standby?
She lives there, so she could have forced the door herself. And because she could do it, she can authorize someone with more brawn to do it for her. The officers were acting as her agent.
When Can Police Force Entry on a Suicidal Subject Call?
A third party text message, lights on, no answer at the door. Anthony Bandiero walks through the emergency aid exception and why these facts do not justify forcing entry.
Retired Officer Was Told He Couldn’t Conceal Carry Under LEOSA
Ten years, a retirement credential, and a qualification inside the last year. Retirement by itself is not a basis to deny carry. And something is missing from this story, because Florida has constitutional carry.
The Importance of Psychological Preparedness and the Danger of Deficit of Initiative
Hey guys, I wanted to take a minute to share a video with you from an incident that is analyzed in our new Law Enforcement Liability course (https://portal.bluetogold.com/course-description/law- enforcement-liability/). What happened on the Chicago traffic stop? A subject was stopped by a Chicago Police Department tactical traffic enforcement unit for a seatbelt violation. The subject […]
Barnes v. Felix legal update
We have received several questions about the recent U.S. Supreme Court decision Barnes v. Felix, so I wanted to take a moment to share some information and hopefully generate dialogue within your agency. What was the question in Barnes v. Felix? In Barnes v. Felix, Docket 23-1239, the question before the United States Supreme Court […]
Breaking SCOTUS News! Barnes v. Felix and Police Created Use of Force
Editor’s note: This was written in January 2025, after the oral argument in Barnes v. Felix but before the decision came down. It is a prediction of how the Court would rule, and it reads in the future tense throughout. The Supreme Court has since decided the case. For what the Court actually held, read […]
What is Entrapment?
This questions comes from an officer in Nebraska, and the topic is: What is entrapment? Let’s break it down. Entrapment occurs when law enforcement officers engage in behavior so extreme and over-the-top that they essentially harass someone into committing a crime. However, simply giving someone an opportunity to commit a crime is not entrapment. Courts […]
Can a Judge Ban Cameras Inside the Courthouse?
An Alabama judge posted an order banning cameras in the courthouse hallway. What the First Amendment allows, what judges control, and when filming becomes obstruction.
Can You Ignore Your Federal Circuit Court’s Rulings?
State courts have their own sovereignty, so technically yes. But the person suing you picks the courthouse, and qualified immunity turns on what is clearly established there.