Colorado Courts on Cannabis, K-9s, and Car Searches
How Are Colorado Courts Handling Cannabis, K-9s, and Car Searches? Overview The Colorado Constitution, Amendment 64 legalizes possessing up to 1 ounce of marijuana by individuals aged 21 or over. Thus, adults in Colorado have a reasonable expectation of privacy in possessing the amount legal under State law. As a result, the Colorado Supreme Court […]
Illinois Courts on Marijuana Odor and Probable Cause
What Illinois Courts Say About the Odor of Marijuana and Probable Cause under the Automobile Exception Overview Illinois residents aged 21 or older may legally possess up to 30 grams of cannabis (marijuana). However, cannabis may not be used in a motor vehicle, nor be accessible to car occupants. The Illinois Supreme Court has held […]
Is Florida’s Plain Smell Doctrine Getting Vaporized?
Is Florida’s Plain Smell Doctrine Getting Vaporized? Under the Totality of the Circumstances, Establishing Probable Cause for Warrantless Car Search Under the Automobile Exception, Likely Requires More than the Odor of Marijuana Overview Establishing probable cause to search a vehicle, and reasonable suspicion for an investigatory stop, likely require more than the smell of raw […]
COPS: Think twice before breaking that lock!
If the gun is lawful there is no probable cause and no motor vehicle exception. A protective sweep needs facts showing danger, and a locked safe arguably cuts the other way.
Can Weed Odor Justify a Vehicle Search?
An officer conducts a traffic stop in Texas with multiple occupants in the vehicle. During the stop, the officer detects the odor of marijuana coming from inside the car. Marijuana remains illegal under Texas law. Based on the odor, officers decide to search the vehicle. Without asking for consent and without deciding to make an […]
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.
Can a Minor Infraction Lead to a Vehicle Search?
Officers in California encounter an illegally parked vehicle at approximately 3:00 a.m. The occupant is inside the vehicle sleeping. Under local municipal code, sleeping in a vehicle is a misdemeanor, but officers typically issue a citation rather than make an arrest. The violation provides lawful grounds for a detention. When officers approach and attempt to […]
Did the 2nd Circuit Allow Police to See Into Tinted Windows With Cell Phones
No. The court dodged the trespass question entirely and assumed a search for argument’s sake. Hovering a phone is one thing. Touching the glass is still a search, and this case does not say otherwise.
Stop and Frisk on Traffic Stop
One weapon gives probable cause there are more. Michigan v. Long covers the grab area and the containers in it, but peel the onion. And on a consensual encounter, armed alone is not enough.
What Do We Do if We Make Stop Under KS V Glover and the Driver Refuses to ID
The surrender-upon-demand statute is for citations, not reasonable suspicion stops, and California has no stop and identify law. But matching every descriptor behind the wheel is probable cause.
Understanding the Human Threat Response: Freeze, Flight, and Fight
In the complex and dynamic world of law enforcement, the ability to recognize and interpret human behavior under stress is a powerful asset. The human threat response, commonly referred to as freeze, flight, and fight, is a survival mechanism hardwired into our biology. Many times, you will hear the order of those responses be referred […]
The Moment of Visual Recognition: “Understanding Nonverbal Distancing Behaviors in Proactive Policing”
Why Criminals React to the Presence of Police: The Psychology Behind Evasion and Distancing Behavior In the world of law enforcement and behavioral observation, a common and often telling occurrence is the reaction of certain individuals upon the mere sight of a uniformed officer. Officers patrolling city streets frequently encounter people who abruptly alter their […]
“Looking Busy” Why do people do this in response to seeing a perceived threat?
Remember: A threat does not have to be something that can physically hurt the person such as a predatory animals. A threat can be a boss who is about to catch the person slacking off, a teacher who is about to call on the student who was not paying attention and will not be able […]
Tell-Tale Tension: Pre-Flight Indicators and Behavioral Cues of Criminals for Police
In the dynamic world of patrol, the moments before a suspect flees on foot often hold a wealth of information, if an officer knows what to look for. Criminals rarely act without warning; their bodies betray their intentions long before their feet hit the pavement. Understanding pre-flight indicators and extreme nervousness cues is a vital […]