Advice for New Officers, When Can I Search a Car?
Understanding Probable Cause in Law Enforcement: Insights for New Officers As a new officer in law enforcement, one of the questions that can often arise during traffic stops is how to determine when you have enough probable cause to search a vehicle. It’s not always immediately clear, and the decision-making process can seem ambiguous at […]
Does an Open Container Give You Probable Cause to Search the Car?
One open beer in the console and a driver who will not hand it over. Can you enter the car and look for more? A hard yes, and why one-and-done is not the rule.
Can Officers Ask for Consent During a Traffic Stop Under Rodriguez?
Does asking for consent to search extend the stop and violate Rodriguez? No. Here is what courts actually measure, and the two states where the rule is different.
Can You Run a Gun’s Serial Number During a Traffic Stop?
Recorded for the Roadside Chat just outside Cleveland, Ohio. Today’s question: can you run the serial number of a firearm that you are holding during a traffic stop? Can you run a gun’s serial number during a traffic stop? The answer is most likely, but there are some caveats I want to go over. So […]
US v. Rodriguez Traffic Stops and K9s
Recorded in North Las Vegas while teaching a search and seizure class. The question is one that keeps coming up around the country: does Rodriguez v. United States mean you can never extend a traffic stop? Hey guys, it’s Anthony Bandiero here, attorney and senior legal instructor, bringing the roadside chat. This broadcast is coming […]
Can Officers Go Check the VIN of a Potentially Stolen Vehicle?
Today’s question comes from an officer in Missouri: “Can officers go onto curtilage to check the VIN of a potentially stolen vehicle?” That’s the general question, but let me give you a bit more context. When I teach curtilage, I use something called the Curtilage Color Codes. I won’t go into full detail here, it’s […]
What Factors Can Help to Justify a Vehicle Frisk for Weapons?
This question came from an officer in Las Vegas: what factors can be used to justify frisking a vehicle for weapons? Anthony recorded the answer while teaching in Sioux City, Iowa. What is a vehicle frisk for weapons? Today’s question comes from an officer in Las Vegas, and the question is, what factors can be […]
Can Police Break a Car Window to Remove a Non-Compliant Driver?
A driver rolls the windows up, refuses to get out, and starts filming. A prosecutor says that is passive resistance and you cannot break the glass. Anthony Bandiero disagrees, and explains why.
Can You Order a Driver to Roll Down Their Window?
Dark tint, a cover officer who cannot see inside, and a driver who will not lower the glass. Why Mimms and Wilson probably get you there, and where opening the door crosses into a search.
Can an Officer Make You Roll Up Your Window for a Tint Test?
A driver rolls all the windows down before you reach the car. Can you order them back up for the tint meter? Why that meter is a Fourth Amendment search, and what justifies it.
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 […]
Searching Bags Outside the Vehicle Under Carroll
So, I received a question from a cop in Texas. He says, “The discussion came up during our K9 training group about being able to search a person’s personal property, backpack, purse, etc., if it was removed from the vehicle prior to the free-air sniff and alert by the canine. My understanding is that if […]
Is Drinking From What Looks Like a Beer Bottle RS for a Stop?
Does drinking from a brown glass bottle, similar to what a beer bottle looks like, give an officer reason to suspect a violation and stop someone to investigate a potential open container violation or DUI? What happened on the sarsaparilla stop in Florida? So, look, this question comes from a retired officer who wanted to […]
Can Police Do a High-Risk Stop Just Because a Car Might Be Stolen?
A LoJack hit, cold plates, and a matching Suburban. Everything lined up and the car was not stolen. What the Ninth Circuit said about guns drawn on a property crime.
What is the Motor Vehicle Exception?
The automobile, or motor vehicle exception allows officers to search cars for evidence, contraband, and fruits or instrumentalities of crimes without a search warrant. When you ask cops, “What does it take to search these cars?” Many of them will just say, “Probable cause.” Well, let’s be technical, Technically, legally, there are four factors to […]