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 Police Re-Enter a Home to Get Clothes for a Child in Protective Custody?
Both parents arrested, an 8-year-old in nothing but shorts, and an administrator telling officers to go back in the house. Whether re-entry for clothing holds up.
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.
When Can Police Force Entry on a Suicidal Subject Call?
A third party text message, lights on, no answer at the door. Anthony Bandiero walks through the emergency aid exception and why these facts do not justify forcing entry.
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.
Can Police Unload or Disassemble a Lawfully Carried Gun During a Traffic Stop?
An officer in Texas asks whether police have to return a firearm to its original state and location after a traffic stop search. Anthony Bandiero on what you can do, and what you should.
When Can Police Search a Hotel Room?
Hotel rooms are quasi homes, not homes. What an officer can enter, search, and seize during an eviction, after checkout, and after an arrest.
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? […]
Act Natural
Retired FBI Agent and Award-Winning Author Joe Navarro once said that the ability to notice and interpret behaviors requires constant practice and attention to detail; otherwise, the skill atrophies. In the realm of law enforcement, specifically proactive policing tactics, this could not be more true. As a current Sergeant over a proactive vice crimes/crime suppression unit, […]
When Telling the Truth Isn’t Enough: The Overlooked First Step in Preparing for Court
When Telling the Truth Isn’t Enough: The Overlooked First Step in Preparing for Court By Jessica Walsh, Legal Instructor, Blue to Gold Prosecutors are often asked, “What is the single most important thing an officer can do to prepare for courtroom testimony?” The answer most frequently given is simple: just tell the truth. While accurate, […]
Be a Mentor
As proactive officers today in law enforcement, there are more obstacles to overcome daily in our efforts to interdict the criminal element than there have ever been. Why do some officers discourage proactive police work? Many of these obstacles are from outside influences. However, some of them, sadly enough, come from inside the walls of […]