Can Officers Still Demand ID If the Driver Isn’t the Registered Owner?
You run a plate, the registered owner comes back suspended, you stop the car and it is obviously not him. Do you have to drive away, and can you still demand ID? Anthony works through Kansas v. Glover and where Terry actually ends.
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 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.
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.
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.
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.
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.
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.
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 You Pat Down a Drug Dealer for Weapons?
The majority rule lets you pat down the seller on a training-and-experience articulation. The buyer is a different question, and so is the car.
Can Police Pull People Out of a Motel Room While Getting a Search Warrant?
An officer in Kansas pushed back on detectives who wanted to freeze a motel room and pull the occupants out. Anthony Bandiero on when a premises freeze is lawful.
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.
Can Cops Demand ID From Passengers If They Smell Marijuana in the Car?
An Iowa officer smells marijuana in a car with five occupants. The passengers refuse to identify. Anthony Bandiero walks through reasonable suspicion, nexus, and whether to arrest.
Ohio Juveniles
Should parents or guardians be contacted and asked for permission to speak with their child before questioning the juvenile in Ohio? Short answer: It depends. Best practice: Yes. To better understand the rules involving juveniles in Ohio and how to handle juvenile encounters, officers are encouraged to review Ohio Revised Code Chapter 2151 and the […]