Can You Arrest a Robbery Suspect Who Tells You to Leave His Curtilage?
Officers had probable cause for a strong armed robbery, no arrest warrant, and a suspect on his own front porch telling them at least five times to leave. Anthony walks through the Fourth Amendment rules of engagement for curtilage, why a felony by itself is not exigency, and why the hardest skill in police work is recognizing when you have been legally beat.
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.
How Do You Fix a Miranda Mistake?
Miranda violations come in two flavors, intentional and unintentional. Courts want to see that you cleansed the unintentional ones. Here are the factors that do it, and the one move that does not.
Can Police Question You During a Probation Search?
A Fourth Amendment waiver search turns up narcotics, and the officer asks what is in the bag. Is that a Fifth Amendment problem? The answer turns on arrest-like custody, not on the search.
What Happens When Police Get Knock and Talk and Community Caretaking Wrong?
Officers knocked for 30 minutes intending to arrest, then forced entry on a community caretaking theory after a neighbor mentioned a sleeping pill. The case settled for $760,000. Anthony walks the doctrines step by step.
Can Police Automatically Pat Down Suspected Gang Members?
Michigan v. Long is a vehicle frisk case about a drunk driver and a visible knife. It says nothing about gang members. A one-percent patch is one factor, and courts want to see the rest of the stack.
Can You Seize a Bicycle Based Only on a Victim’s Word That It Is Stolen?
No receipt, no serial number, and a bike tied up beside a tent. When ownership is contested and the circumstantial evidence is thin, the move is to stay neutral and send them to civil court.
Can Police Arrest for a Felony Committed Days Earlier?
There is no stale felony rule. If you have probable cause that the person committed a felony, you can arrest days later, and you can Mirandize him about it.
Under a Stop and Identify Law, Can Police Demand More Than a Name?
Hiibel upheld Nevada’s stop and identify statute but left the “how much information” question open. Identify them with your tools first, and ask whether it still matters.
Can Police Re-Enter a Home to Seize Plain View Evidence?
Once you leave the house you generally lose your right to be there. The necessary and continuous doctrine is the narrow way back in, and plain view is grab and go.
Can Police Enter a Home After a 911 Hangup?
A 911 hangup by itself is thin. The rule is the emergency aid exception, not community caretaking, and you need to articulate something more.
When Can Police Enter a Backyard on a Burglar Alarm Call?
The four curtilage factors, why a backyard entry on an alarm is easier to justify than a house entry, and what “burglar alarm plus” means.
Can an Officer Enter a Garage Just to Close It?
The garage door is standing wide open and you want to shut it for the homeowner. Anthony Bandiero on why that is still a home entry, and why de minimis will not save you.
What Is the Companion Rule for Pat Downs?
An officer in Texas patted down a man standing behind a marijuana smoker in a high crime area. Anthony Bandiero on the companion rule, and whether that pat down held up.
What Is Probable Cause? (And Why It Won’t Win Your Case)
All right, let’s talk about this thing called probable cause. Probable cause is the standard needed to do various things, like arrest people, search their cars, and it’s used for exigent circumstances. But probable cause simply requires a fair probability that something’s occurring. A fair probability, usually, of a crime being committed. As the Supreme […]