Single Purpose Container Doctrine
This question came in from an officer in Indiana: would the single purpose container doctrine allow cops to search a vehicle’s hidden compartment? The answer starts with what a single purpose container actually is, and then works back to the compartment. What is a single purpose container? All right guys, welcome to another roadside chat. […]
Vehicle Trunk Search
This question came from an officer in New Jersey. Can police search the trunk of a car on the motor vehicle exception? What were the facts of this New Jersey trunk search? The hypothetical goes something like this: patrol was notified of a suspicious person and vehicle. They found a male under the influence of […]
Running Firearm Serial Number During Traffic Stop
Our next question is: Can you run the serial number of a firearm that you are holding during a traffic stop? The answer is; most likely, but there are some caveats I want to go over. Can you take a gun from a lawfully armed driver during a traffic stop? First of all, we do […]
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, […]
Drug K9 After State Legalizes Weed
Here is our next question: Can you use a marijuana trained dog after your state legalizes marijuana? This question came from an officer in Kansas. The officer said, “Hey, I got a question here. You know, our department is implementing a brand new canine program. And apparently the dog is going to be proofed on […]
Consent from Non-Owner to Search Vehicle
Let’s talk about non-owners of vehicles and getting their consent to search, and a few twists on that as well. My name is Anthony Bandiero, answering another roadside chat question. Alright, this question comes from an officer in Minnesota. He says, “Could a driver of a motor vehicle who is not the owner, consent to […]
When Can You Seize a Stolen Car From a Driveway?
The tag comes back stolen and the car is sitting in a driveway. Collins v. Virginia says you cannot just take it. What exigency actually looks like, and when to just go get the warrant.
Can You Keep Asking for Consent Until You Get an Answer?
The driver keeps changing the subject instead of saying yes or no. Can you keep asking? Why persuading for consent runs into Rodriguez, and the simple fix that avoids the problem entirely.
Reasonable Suspicion Stop for a Texas Buyer Tag
Did the Texas buyer plate give the officer proper reasonable suspicion to make the traffic stop? So this officer sees a vehicle at almost midnight in an area that’s kind of known for high crime and so forth, and sees a vehicle bearing a Texas buyer’s plate. Why did the officer stop the car with […]
Are Passengers Allowed to Leave The Traffic Stop?
The question that we have this time is: Are passengers free to leave a traffic stop? The short answer is “NO.” Here’s why. Are passengers seized during a traffic stop? The US Supreme Court has stated in a few decisions that passengers are seized under the Fourth Amendment when they are in a vehicle during […]
Searching a Parked and Unoccupied Car in New Jersey with PC
Can New Jersey police officers search a parked and unoccupied car with probably cause? Great question. My name is Anthony Bandiero. I’m an attorney and senior legal instructor for Blue to Gold Law Enforcement Training. I do teach in New Jersey, and I’m a licensed New Jersey attorney. This answer is obviously going to be […]
Abandoned or Junked Vehicle
This is a question that comes up a lot. I’m being very proactive about this issue, which is: Can police tag an abandoned or junked vehicle when it’s on curtilage? Can police tag a junk vehicle on private property? Okay, here is the scenario. There’s a new ordinance. This comes out of the great state […]