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 […]
Retired Officer Was Told He Couldn’t Conceal Carry Under LEOSA
Ten years, a retirement credential, and a qualification inside the last year. Retirement by itself is not a basis to deny carry. And something is missing from this story, because Florida has constitutional carry.
Can Police Help EMS Force an Overly Intoxicated Person to the ER?
This question came in from an officer in Tennessee. EMS was forcing a subject to go to the hospital against their will and asked police to help escort the subject to the ambulance, which may require force because they were refusing to go. The officer added that the subject was not doing anything criminally wrong […]
Can Police Search a Shoplifters Purse for Evidence Without a Formal Arrest?
A Roadside Chat question from an officer in Colorado: can police search a shoplifting suspect’s purse for evidence without making an arrest? The call came out of a Dollar General shoplifting report. Can police search a shoplifting suspect’s purse without making an arrest? The answer is going to be yes. Definitely yes in Colorado, but […]
Purses, Bags and Backpacks
This question is: Can you look inside a woman’s purse, or a man’s backpack during a pat down? Can you pat down a purse or a backpack during a Terry stop? The answer is, “Maybe.” Here’s how this works. We know that patdowns are an overall minimally intrusive way to protect yourself from weapons and […]
Unconscious Person ID
Can you search an unconscious person’s property for their ID? Generally, we cannot search people for identification if they’re only being detained. They do have to identify themselves. They don’t have to physically provide an ID, but if they fail to identify, then that has legal consequences. Searching them for their ID is a different […]