Can Officers Run Names From a Voluntarily Provided Hotel Registry List?
An officer in Oregon asks whether he can run everyone on a residence list a manager volunteered. Anthony works through City of Los Angeles v. Patel, the third-party doctrine, and why the real limit is NCIC terms of use.
Does a Welfare Check on Someone With Medical Issues Create Exigency?
A caller says her friend has medical issues, missed work, and is not answering. No car, no answer at the door, nothing visible through the windows. An officer in Utah asks whether that is exigency to force entry. Anthony says probably not on these facts, explains what he would ask for instead, and gives the report writing method for when you do go in.
Can You Detain a Person Under Community Caretaking?
An officer in North Las Vegas detained a man he believed needed medical help, and the office is split on whether that was lawful. Anthony covers where community caretaking comes from, why it does not reach homes, what you are looking for to justify the stop, and what happens when the person says leave me alone.
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 Reach Under a Jacket During a Terry Frisk?
An officer in Arizona asks whether he can remove or reach under a heavy jacket to frisk someone he cannot effectively pat down, and whether a purse or backpack is fair game. Anthony covers what armed and dangerous really means, peeling the onion, and why high crime area plus criminal history is not enough.
What Is Reason to Believe a Warrant Subject Is Home Under Payton?
An officer in South Dakota has a felony warrant, a landlord confirming the address, the subject’s car out front, lights and voices inside, and lights going out when they knock. Some co-workers still say go get a warrant. Anthony walks through what Payton actually requires and why asking for a warrant answers your own question.
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 Search a Cell Phone Left Behind in a Car After Someone Runs?
An officer in Texas watched a driver light up his car and leave the moment he made eye contact, then slow roll into an apartment complex and run, leaving two cell phones behind. Anthony works through whether that is reasonable suspicion, whether the phones are abandoned, and what he would actually put in the search warrant.
Does a State DV Statute Authorize a Warrantless Entry to Check on a Child?
Arizona’s domestic violence statute says an officer shall conduct a child welfare check when a minor is present. John Wiehn explains why a statute that says shall still does not get you through the front door, and why Payton versus New York is the case on point.
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.
If One Roommate Is on Probation, Can You Search the Other Roommate’s Room?
An officer in Wisconsin asks whether the roommates of someone on house arrest have to live by the same 40 conditions, and whether their rooms can be searched. Anthony says the roommate does not give up one iota of his rights, explains where common authority ends, and says who has to move out when the two cannot coexist.
Can a K9 Sniff Luggage at a Bus Station?
A canine handler in Nevada was asked to run his dog around luggage coming off a Greyhound bus. Anthony works through when the sniff is free, when moving a bag becomes a Fourth Amendment seizure, what reasonable suspicion buys you, and why sourcing the alert matters before you start opening bags.
When Can Police Search Someone’s Trash?
Trash pulls have been around a very long time and they can produce a massive amount of evidence. Anthony walks through the general rule of abandonment, what changes when the can is still on the property or the curtilage, how to handle community dumpsters, and why the best practice is to let the collection company do it.
Are Orders to Detain and Transport a Suspect for an Interview Lawful?
An officer in Missouri asked about a common practice in Kansas City, where prosecutors issue a stop order or person of interest order and the person is then handcuffed and transported to the station for a formal interview. Anthony walks through why that is fine if the order rests on probable cause, and why it is a serious problem if it does not.