Can You Run a K9 Around a Car Parked in a Detached Garage?
A driver pulls into his own detached garage during a traffic stop. Can a K9 sniff the car there, and can you tow it out? Anthony works through Dunn, Lange, Jardines, and the five reasons a government takes a vehicle.
Can Officers Still Demand ID If the Driver Isn’t the Registered Owner?
You run a plate, the registered owner comes back suspended, you stop the car and it is obviously not him. Do you have to drive away, and can you still demand ID? Anthony works through Kansas v. Glover and where Terry actually ends.
Can Police Search a Vehicle at the Station Without a Warrant?
A hostile crowd forced officers to drive a stolen car back to the station before searching it. An officer in California asks whether that search still holds up without a warrant, and what changes if the car belongs to the suspect. Anthony walks the four requirements of the motor vehicle exception, Chambers versus Maroney, and Michigan versus Thomas.
Can You Tow a Car When a Sober Passenger Can Drive It Away?
An officer in Texas asks whether he can tow an arrested driver’s car when a licensed, sober passenger is willing to take it, and whether the answer changes when the driver is not the owner. Anthony covers community caretaking, pretext tows, and the North Dakota case where a pretext inventory suppressed a body in a trunk.
What If a Passenger Refuses to Get Out of the Vehicle?
A chief in Pennsylvania asks what you actually charge when a passenger refuses a lawful order to exit. Anthony covers Mimms and Wilson, why he has never seen a case on it in twenty years, and the question the judge is going to ask you about why you wanted the passenger out in the first place.
Does the Collective Knowledge Doctrine Apply to Police Dispatchers?
A Kansas officer’s county dispatch broadcasts erratic driver tips but tells every unit to make their own case at the vehicle. Anthony works through whether a 911 tip is truly anonymous, when you need corroboration, and whether the collective knowledge doctrine reaches a dispatcher who is not a commissioned officer.
Can You Stop a Car on a Flock LPR Hit for a Wanted Registered Owner?
A sergeant in Atlanta asks about license plate reader hits showing the registered owner is wanted, with no traffic violation and no probable cause. Anthony says yes, and walks through why Kansas versus Glover is almost directly on point, plus the facts that make you call it off.
Can Police Search a Car After the Driver Parks and Walks Away?
A reckless driver parks, walks off, and is arrested for DUI ten minutes later around the corner. The answer runs through probable cause, not through the arrest, and Gant does less work here than you would think.
Can You Arrest for Driving While Suspended, Search, Then Release?
Arrest on an arrestable offense, search incident to it, and let them go if nothing turns up. The Supreme Court closed this door in Knowles v. Iowa, and here is why the custodial arrest is the whole point.
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 You Arrest for DUI If You Never Saw Them Driving?
Most DUI statutes cover actual physical control proven circumstantially, so a conviction without seeing the driving is possible. The intervening drink at home is what breaks this particular case.
Can Police Seize a Gun in Plain View in a Parked Car Under Community Caretaking?
Cady v. Dombrowski is the anchor. Caniglia, Valencia and Chavez are different cases. With a gun in plain view in an unregistered car in a public lot, the initial seizure likely holds.
Can You Pat Down a Drug Dealer for Weapons?
The majority rule lets you pat down the seller on a training-and-experience articulation. The buyer is a different question, and so is the car.
Can Police Unload or Disassemble a Lawfully Carried Gun During a Traffic Stop?
An officer in Texas asks whether police have to return a firearm to its original state and location after a traffic stop search. Anthony Bandiero on what you can do, and what you should.
Can Cops Demand ID From Passengers If They Smell Marijuana in the Car?
An Iowa officer smells marijuana in a car with five occupants. The passengers refuse to identify. Anthony Bandiero walks through reasonable suspicion, nexus, and whether to arrest.