Constitutional Considerations of Warrantless “Surround and Call-Outs”
Absent Exigency, Constructive (Coercive) Home Entries Violate Payton’s Warrant Requirement Overview Under Payton v. New York, a warrant is required to arrest a defendant in his home, absent narrow exceptions such as exigent circumstances. Courts have analyzed the constitutionality of warrantless “surround and callouts” where police command, instruct, or demand a suspect exit his home, […]
US v. Hemani: Marijuana Use Alone Doesn’t Bar Gun Rights
United States v. Hemani Federal Ban on Firearm Possession by Unlawful Users of Controlled Substances Held Unconstitutional as Applied to the Defendant Overview In June 2026, the U.S. Supreme Court held that the Second Amendment was violated by prosecution of the defendant, a marijuana user, under 18 U.S. Code § 922(g)(3). This federal law prohibits […]
Search Incident to Arrest (SITA) in Florida
A “search of an item from which a defendant has been physically separated cannot be upheld” under the search-incident-to-arrest (SITA) exception. Overview Warrantless “searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment, subject only to a few specifically established and well-delineated exceptions.” “Searches […]
Can Officers Search a Tent on Private Property Without Permission?
Overview You roll up to a tent pitched in someone’s backyard without permission. The property owner doesn’t want them there. You’ve got reasons to search. Can you do it without a warrant? The answer depends on whether the Fourth Amendment even protects that tent. If the person is trespassing, do they lose Fourth Amendment protection? […]
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 […]
Case v. Montana: The U.S. Supreme Court Clarifies the Legal Standard for Warrantless Home Entry to Render Emergency Aid
The Emergency Aid Doctrine: A Narrow Exception to the Warrant Requirement Where Home Entry is Urgently Needed to Prevent Imminent Harm The Fourth Amendment to the U.S. Constitution protects against unreasonable searches and seizures, with common law recognizing the greatest privacy interest within the sanctity of one’s home. Aside from consent provided by someone with […]
Drones on Property Rights and Privacy
Drones are now part of the Fourth Amendment analysis, whether we like it or not. In training, this often comes up as a thought exercise: imagine being in an urban environment, looking out your window, and seeing a government drone hovering nearby. If that drone can see into a backyard and potentially observe evidence of […]
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 You Order Someone to Show Their Hands During a Consensual Encounter?
Cops are being taught that a 1991 case makes this routine. It does not. The test is whether a reasonable person believes they can ignore you, and almost nobody ignores a lawful-sounding order.
Panels and Precedents: A Mini-Course on the Federal Circuit Courts
What happened in United States v. Perez? A recent question I received from an officer highlighted the importance of understanding how lower appellate courts apply precedent in resolving cases and what it takes to overrule or abrogate precedent. The focus here is on the federal circuit courts of appeals. The exact question asked by the […]
What Antoine Jones teaches us this July 4th
I sat with Antoine Jones last December in Las Vegas. Yes, THE Antoine Jones from the U.S. Supreme Court GPS tracker case. It was just the two of us in the studio, me, a former cop turned legal instructor, and him, the man behind one of the most important Fourth Amendment cases of our time. […]
The Three Golden Rules of Search and Seizure
Three rules drawn from thousands of court cases: articulate why, seriousness cuts in your favor, and never let a warrantless search go further than a warrant would have.
Can You Detain Someone Based on Call They Have a Gun?
Hello my friends, it’s Anthony Bandiero here, attorney and senior legal instructor for Blue to Gold Law Enforcement Training, bringing you a roadside chat. This one comes from an officer in California. A call comes in of a man with a gun standing on a street corner, and when the officer arrives he sees the […]
Can Police Conduct Knock and Talks at Odd Hours of the Night?
This question came from an officer in Texas who wanted clarification on knock and talks, and in particular whether police can do a knock and talk at odd hours of the night. The answer runs through a First Circuit case that had been decided just a few months before this was recorded. Can you do […]
Can Cops Enter Home to Arrest Husband for Domestic When He Says You Cant Come In?
Recorded on the road in Addison, Texas, where Blue to Gold was training the entire police department at the fire station. The question came from an officer in Iowa who was already familiar with Georgia v. Randolph and Payton v. New York. Can you go into an apartment to arrest the husband for domestic if […]