Can Officers Run Names From a Voluntarily Provided Hotel Registry List?
An officer in Oregon asks whether he can run everyone on a residence list a manager volunteered. Anthony works through City of Los Angeles v. Patel, the third-party doctrine, and why the real limit is NCIC terms of use.
Can You Trespass a Person Who Has a Service Animal?
A restaurant in Arizona wanted a man trespassed because he brought a service dog inside. Anthony covers what the ADA requires of a business that serves the public, the two questions a business is allowed to ask, why they cannot demand certification, and when the dog can be removed but the person cannot.
Does a Welfare Check on Someone With Medical Issues Create Exigency?
A caller says her friend has medical issues, missed work, and is not answering. No car, no answer at the door, nothing visible through the windows. An officer in Utah asks whether that is exigency to force entry. Anthony says probably not on these facts, explains what he would ask for instead, and gives the report writing method for when you do go in.
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 Police Search a Vehicle at the Station Without a Warrant?
A hostile crowd forced officers to drive a stolen car back to the station before searching it. An officer in California asks whether that search still holds up without a warrant, and what changes if the car belongs to the suspect. Anthony walks the four requirements of the motor vehicle exception, Chambers versus Maroney, and Michigan versus Thomas.
Can You Tow a Car When a Sober Passenger Can Drive It Away?
An officer in Texas asks whether he can tow an arrested driver’s car when a licensed, sober passenger is willing to take it, and whether the answer changes when the driver is not the owner. Anthony covers community caretaking, pretext tows, and the North Dakota case where a pretext inventory suppressed a body in a trunk.
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.
Can a Hospital Trespass a Patient Who Refuses to Leave?
An officer in California keeps getting called to the same ER lobby for the same discharged patient who will not leave and wants to be seen again. Anthony walks through Penal Code 602, why a hospital is not a public forum, the federal screening law that complicates it, and why this one is above the patrol officer’s pay grade.
What Is Reason to Believe a Warrant Subject Is Home Under Payton?
An officer in South Dakota has a felony warrant, a landlord confirming the address, the subject’s car out front, lights and voices inside, and lights going out when they knock. Some co-workers still say go get a warrant. Anthony walks through what Payton actually requires and why asking for a warrant answers your own question.
What If a Passenger Refuses to Get Out of the Vehicle?
A chief in Pennsylvania asks what you actually charge when a passenger refuses a lawful order to exit. Anthony covers Mimms and Wilson, why he has never seen a case on it in twenty years, and the question the judge is going to ask you about why you wanted the passenger out in the first place.
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.
Does a State DV Statute Authorize a Warrantless Entry to Check on a Child?
Arizona’s domestic violence statute says an officer shall conduct a child welfare check when a minor is present. John Wiehn explains why a statute that says shall still does not get you through the front door, and why Payton versus New York is the case on point.
What Is Hate Speech, and Can Police Take Enforcement Action on It?
A police chief in Ohio sent Anthony a photo of a van covered in speech that had people calling 911. Anthony explains why there is no law against hate speech, how hate crimes are different, the narrow categories that can be criminalized, and the one thing he does not want you to bring up if you stop that van.
If One Roommate Is on Probation, Can You Search the Other Roommate’s Room?
An officer in Wisconsin asks whether the roommates of someone on house arrest have to live by the same 40 conditions, and whether their rooms can be searched. Anthony says the roommate does not give up one iota of his rights, explains where common authority ends, and says who has to move out when the two cannot coexist.